DEAF WORKERS OF ORANGE COUNTY PROJECT -- DEAF WORKERS WEEKLY BULLETIN -- July 3, 1998 Greetings, Tomorrow is when we all go to beaches, picnics, and parks. Tomorrow night we will be playing with matches to celebrate America's 222nd birthday. Lots of fireworks in the past 2 weeks for Deaf Watch staff. We have some of the lowest of the Deaf community picking on the wallets of the weakest of the Deaf community. That... we had to handle. Another are some serious attacks the Individuals with Disability Education Act. I still need some volunteers for the ADA week rally. We will be testing a number of Orange County businesses for accessibility in front of a video camera. I also need a few more businesses that has problems with accessibility to disabled consumers. Have a good and safe weekend. Richard Roehm ---- DEAF MAN MEETS BARRIERS IN ATTEMPTS TO ENTER LAW SCHOOL Deaf people need to be represented by Deaf lawyers for better understanding and effective enforcement of the Americans with Disabilities Act (ADA) in the area of employment. Last month the American Bar Association said that the ADA isn't doing very well in the area of employment. A possible remedy is to have more lawyers with disabilities. We have one very competent Deaf man, Stephen Hardy, who is with the Florida Association of the Deaf is having suspicious problems getting in law school. He says the LSAT test is biased against Deaf people. The following people below are familiar with Stephen's plight. I have written to one of them and will do the same for the rest. I'm asking for your help by writing to at least 2 of these people on this list and ask them to help Stephen Hardy get into law school at The University of Florida. Lawton Chiles, Governor State of Florida Office of the Governor The Capitol Tallahassee, Florida 32399-0001 College of Law Office of Admissions J. Michael Patrick, Assistant Dean of Admissions The University of Florida College of Law P.O. Box 117622 Gainesville, Florida 32611-8727 State University System Chancellor Charles B. Reed State University System of Florida 325 West Gaines Street Tallahassee, Florida 32399-1950 University of Florida John V. Lombardi, President 135 Tigert Hall P.O. Box 113258 Gainesville, Florida 32611-3258 University of Florida Law School Admissions Committee Dr. Gerald T. Bennett, Chair College of Law P.O. Box 117622 Gainesville, Florida 32611-7622 University of Florida ADA Coordinator Dr. Kenneth Osfield 135 Tigert Hall P.O. Box 113258 Gainesville, Florida 32611-3258 James J. Costello 504 Section Specialist Assistant Dean Office for Students with Disabilities P202 Peabody Hall P.O. 114075 Gainesville, Florida 32611-4075 Congresswoman Karen L.Thurman 5th District 5700 34th Street Suite 425 Gainesville, Florida 32608 Marc Charmatz National Association of the Deaf Law Center 814 Thayer Avenue Silver Spring, MD 20910 Representative Bob Casey, MD District 22 Suite L, 4401 NW 25th Place Gainesville, FL 32606-6569 US Department of Education Office for Civil Rights Region IV P.O. Box 2048 Atlanta, Georgia 30301 Investigator: Wayne Awtrey Team Leader, Compliance C James R. Lemon Compliance Division #1, Program Manager, Arinita M. Ballard Dr. Sandra R. Hayden, Executive Assistant to the President and University Ombudsman The University of Florida P.O. Box 113258 135 Tigert Hall P.O. Box 113258 Gainesville, Florida 32611-3258 Dr. Jacquelyn D. Hart,, Assistant Vice President Minority Affairs The University of Florida P.O. Box 113258 135 Tigert Hall P.O. Box 113258 Gainesville, Florida 32611-3258 Ms. Regina Sofer, Board of Regents State University System of Florida 325 West Gaines Street Tallahassee, Florida 32399-1950 ---- REPUBLICAN CONSUMER HEALTH PROTECTION PLAN CONTAINS TOXIC SUBSTANCES On June 24th, Republicans in the U.S. House of Representatives unveiled their long-awaited managed care consumer protection plan. The plan, which is only an outline and contains no details, addresses managed care consumer protections as well as several conservative ideological proposals that have been rejected in the past. Legislative language will not be ready until the House returns from recess on July 14th, at the soonest. This Republican action comes after the issue of patient protection has heated up significantly on Capitol Hill and on the campaign trail at home. It follows in the wake of the introduction of the "Patient Bill of Rights Act of 1998," which is the most pro-consumer and comprehensive legislation and is supported by consumer groups (including Families USA), the American Medical Association, organized labor, women's groups, and many other organizations concerned about patient protections in managed care. Consumer advocates have three concerns about the Republican plan: (1) the lack of details makes it hard to know what's really in the bill; (2) some important protections were left out; and (3) there are a number of "poison pills"-controversial and extraneous proposals-in the package. In addition, it is unclear whether the 11th hour unveiling represents an election-year gambit or a serious interest in enacting something this year. Our sense is that the GOP leadership is more concerned with "incumbent protection" than in "patient protection." LACK OF DETAILS: The Republican press release, which was the only document distributed, outlined the consumer protections that the bill will supposedly address. The outline says the bill will include the prudent layperson standard for emergency room access, direct access to ob-gyns and pediatricians, and a point of service option (whereby consumers buy a more expensive health plan that entitles them to go to providers outside their plan). The GOP outline says plan accountability will be enhanced by expediting internal review, providing medical expertise in external review, safeguarding confidential information, disclosing plan information, and lifting the gag rule. As always, the devil is in the details. We hear rumors that internal bickering has begun over what some of these "protections" actually mean. For example, is the independent review is done by a doctor who is outside the plan? Or does the plan pick the reviewer? And will the decision be binding on the plan? MISSING PROTECTIONS: A number of very important consumer protections are not part of the Republican proposal. The Republican outline will not hold health plans liable for damages to patients when the plans' decisions to withhold or limit care injure patients. It will not ensure that patients undergoing treatment can continue to see the same health care provider if their provider leaves the plan or their employer changes plans. It does not include "whistleblower" protections for health care workers who report quality problems. It will not prevent health professionals from receiving financial rewards for limiting a patient's care. And it will not establish an independent consumer assistance ("ombudsman") program. POISON PILLS: The proposal also contains a number of items that consumer groups (and Congress) have rejected in the past. The items include permitting Multiple Employer Welfare Arrangements, or MEWAs; so-called Health Marts; and an expansion of Medical Savings Accounts. Again, the press release on these items included a bulleted sentence for each item. No details are available. But we know that each of these proposals segments the health insurance pool, resulting in people with higher medical costs facing higher premiums. Apparently these programs would override state insurance laws so that enrollees in these plans would also lose benefit requirements and the consumer protections that states have enacted. The plan also includes caps on liability for doctors in malpractice suits. Even the AMA (which supports the Patients Bill of Rights Act as well as liability caps) has publicly stated that the inclusion of this provision with the consumer protections is a bad idea. A chart comparing the Patients Bill of Rights Act to the Gingrich proposal is on our web site (www.familiesusa.org/managedcare). Feel free to use this memo and chart in any way you would like. Jeff Kirsch ---- DISABLED WORKERS UNION CALL FOR BOYCOTT OF BELL ATLANTIC Boycott Bell Atlantic! Monday, June 29th, 1998 (Albany, NY) The American Disabled Workers Union (ADWU) has called for a boycott of all Bell Atlantic products and services as a reaction to the company's unfair and unlawful treatment of employees with disabilities. Specifically, the company has shown contempt and a blatant disregard for the Americans with Disabilities Act and the Rehabilitation Act. Until this situation changes, we are asking all individuals to do the following: Use a company other than Bell Atlantic for all long-distance calling, including interLATA and intraLATA calls; Use a company other than Bell Atlantic for local telephone service in areas where competition to Bell Atlantic exists; Use a company other than Bell Atlantic for cellular (mobile) telephone service; Urge your local, state and federal representatives to ensure that no government contracts are awarded to Bell Atlantic; Write to Bell Atlantic's Chairman, Ivan Seidenberg, to tell him that you support the rights of disabled workers and that you are participating in the boycott. SPREAD THE WORD! Let others know about this boycott, through e-mail, phone calls, posters, etc. Bell Atlantic is currently under investigation for its unlawful treatment of employees with disabilities by both the United States Equal Employment Opportunity Commission (EEOC) and the New York State Attorney General's Office, Division of Human Rights. If you know of a Bell Atlantic employee who is disabled and who has been untreated fairly, please urge them to contact these two offices immediately. The ADWU is grateful for the support it has received from numerous individuals. We are confident that the time has come for disabled workers to be treated with the respect and dignity that they deserve, and we ask you to help us in this fight. For more information, please contact our Chairperson, Daniel J. McAdam. Thank you!!! Note: This information is not copyrighted. We urge you to reproduce this information, and would welcome your efforts to get the word out. ---- National Council on Independent Living C A L L T O A C T I O N Tired of being poor? Sick of being jerked around by SSA? Want to work without losing your health care? Want to choose the employment services you need? + WE NEED YOU !! Tell your U.S. Senators to co-sponsor THE WORK INCENTIVES IMPROVEMENT ACT OF 1998 (S. 1858 ~ Jeffords/Kennedy ~ Revised Bill) EMPLOYMENT SERVICES AND HEALTH CARE + $AVINGS TO TAXPAYERS = GOOD PUBLIC POLICY TAKE ACTION NOW! CALL YOUR U.S. SENATORS TODAY. TELL THEM PEOPLE WITH DISABILITIES WANT TO WORK and CO-SPONSORING S. 1858 WILL HELP MAKE THAT HAPPEN! WE WANT TO WORK ! INDEPENDENCE DAY EVERY DAY * * * * * * * * * * * * * * * * * * * * * * * * THE WORK INCENTIVES IMPROVEMENT ACT OF 1998 (S. 1858, Jeffords/Kennedy ~ Revised Bill) WHAT DOES THIS BILL DO? 1. PEOPLE WITH DISABILITIES CAN CHOOSE THEIR EMPLOYMENT SERVICES ~ THE “TICKET TO WORK AND SELF-SUFFICIENCY” SSA will give individuals with disabilities who receive SSDI and/or SSI a "ticket" to obtain vocational rehabilitation, employment and other support services from a service provider of their choice. 2. PEOPLE WITH DISABILITIES KEEP THEIR HEALTH CARE WHEN THEY GO TO WORK ~ MEDICARE AND MEDICAID * MEDICARE BUY-IN: The bill provides access to Medicare health coverage for individuals receiving SSDI (or who could be eligible for SSDI) who want to continue working or return to work. * MEDICAID BUY-IN: For states that choose to participate, the bill provides people with disabilities access to Medicaid coverage of personal assistance services (PAS) and prescription drugs if they need these in order to work. The bill gives states financial incentives to participate. 3. PEOPLE WITH DISABILITIES GET HELP MAKING SENSE OF THE CONFUSING WORK INCENTIVE RULES ~ WORK INCENTIVE PLANNERS/SPECIALISTS The bill creates community-based work incentive planners to educate and work with individuals when using work-related benefits and work incentives. They will be based in public and/or private organizations outside of SSA which have experience in rehabilitation, independent living or social services (and could include independent living centers). In addition, there would be SSA-based work incentive specialists that provide information and expedite work incentive business. 4. PEOPLE WITH DISABILITIES GIVE INPUT INTO THE RULES THAT AFFECT THEIR LIVES AND JOBS ~ ADVISORY PANEL The Advisory Panel will oversee the design and implementation of the new work incentives programs. The Panel will include consumers and individuals who have expertise in rehabilitation and employment issues. 5. SOCIAL SECURITY GETS THE INFORMATION IT NEEDS ON EMPLOYMENT AND WORK INCENTIVES ~ SSA and GAO PROJECTS and STUDIES * SSA must conduct a demonstration project to test the effects of a "2 for 1," phasing out the loss of cash benefits (a $1 decrease in benefits for every $2 earned) as a worker's income rises, instead of the current cash cut-off. * GAO will study tax credits and other employer incentives to employ persons with disabilities. * GAO will study the coordination of SSDI and SSI programs, and the effectiveness of work incentives and health care, for people whose eligibility changes. 6. ALL AMERICANS GET A FISCALLY RESPONSIBLE BILL The Congressional Budget Office said the bill will cost $1 billion a year for five years, a $5 billion total. The bill provides offsets that make it revenue neutral and that do not harm individuals receiving SSI and SSDI. Ultimately the bill will save money --- it will give more individuals with disabilities real opportunities for employment. PEOPLE WORKING AND LIVING INDEPENDENTLY IS GOOD FOR AMERICA’S COMMUNITIES AND AMERICA’S ECONOMY. CONTACT YOUR U.S. SENATOR. TELL THEM TO CO-SPONSOR S. 1858: U.S. CAPITOL SWITCHBOARD, 202-224-3121; U.S. SENATE Web Site, www.senate.gov SUPPORT S. 1858 THE WORK INCENTIVES IMPROVEMENT ACT OF 1998 IT MAKES GOOD $EN$E INDEPENDENCE DAY EVERY DAY ---- Current job list on the Jobs for Deaf page. Santa Ana, California (2-15-98) Carson City, Nevada (2-23-98) Framingham, Massachusetts (3-2-98) Nationwide USA (3-22-98) Santa Fe, New Mexico (4-9-98) ---- Justice For All mslife@tsbbs02.tnet.com IDEA Under Attack in U.S. House WE MUST RESPOND! Due to continued tremendous pressure being exerted by various school administrator associations and other groups opposed to provisions of the IDEA, the Labor, Health and Human Services, Education and Related Services Subcommittee of the House Appropriations Committee has passed a spending bill which contains devastating amendments to the IDEA. These school groups are celebrating a victory and we must respond to this assault or the educational rights of our kids may well be sacrificed. One of the amendments, offered by Representative Bob Livingston (R-LA), chair of the House Appropriations Committee, is on discipline and would add a new category to the list of behaviors for which students can be removed from the classroom and give more authority to school personnel in such decisions rather than the current authority given to a hearing officer. The new category includes language which would allow school personnel to determine a child's behavior "could have resulted in physical injury". Previous experience has taught us that such language could open the floodgates to scenarios like expelling a child because he or she slammed a door because the glass *could have* broken out and hurt someone. As disturbingly, the amendment also removes the 45-day limit on how long a child with a disability can be put in an alternate setting. This language could easily be used to turn the clocks back 20 years and return our kids on a permanent basis to segregated classrooms or altogether separate schools. The other damaging amendment adopted by the Subcommittee - which was offered by Rep. Frank Riggs (R-CA) - would deny special education services to youth with disabilities in prison. This amendment is disconcerting because it would likely perpetuate the spiral of crime by such youths since they would potentially leave prison without even basic academic skills. Both of these amendments - and possibly other weakening amendments - are scheduled to be taken up by the full Committee on July 14. WHAT CAN YOU DO? Congress is in recess from June 27 to July 13. While House members are at home, we need to contact them and tell them to oppose ANY amendments to the IDEA. Specifically, we need to urge them to REMOVE the Livingston and Riggs amendments from the spending bill and to OPPOSE any other IDEA amendment now or in the future. While we're at it, since the attempts to amend the IDEA continue in the Senate as well, each of us should contact our U.S. Senators during this recess too. Our message to all remains the same: Keep Your Word and Honor the IDEA passed last year. NO AMENDMENTS! Also, our colleagues at The Arc/U.S. report that July 9 and 10 will be national call-in days aimed at the two people most able to stop such harmful amendments in the House - Rep. Livingston and Speaker of the House, Newt Gingrich (R-Ga.). * On July 9, call the home office of Rep. Livingston at 504-589-2753 or 504-542-9616. * On July 10, call the home office of Speaker Gingrich, at 770-565-6398. EDUCATION FOR ALL! JUSTICE FOR ALL! -- Mark Smith mslife@tsbbs02.tnet.com -- Fred Fay Chair, Justice For All jfa@mailbot.com HTTP://www.mailbot.com/justice ---------------------- Letters from Readers & site visitors hi my name is juan lopez im looking the job in the miami fla that where i lived so i want to look the work assembler/operator machine in any company. if any open the job position let me know just send me an email jlope@webtv.net thank you juan lopez --------------- My son needs an attorney in Michigan and needs help to gethis medical residency back again. He would appreciate any information you have about attorneys in the Saginaw mich. area who are specialized in employment law, understand medical residencies, and also the ADA. thanks mary f. foust mfoust@bellsouth.net ---------------- Hi Buddy: Thank you for email message from you and I felt sorry about Cathy Bolcar. My campaigning is doing very well and growing more people are supporting my platform. I hired Matthew Monett as chairman of the Burkhart for U.S. Congress 98 and he is deaf and was a student body government president of University of Virginia in Charlottesville, VA (spelling). He is very strong leader and well known in this town in political level. He met many members of congress. You can reach him at 202.965.0334 tty or fax 202.965.2253. He will glad to hear from you and other leaders of communities and fundraise issues etc. I ask you if possible you can contact for people and corporations to give any donation to Burkhart for U.S. Congress 98, 3905 Davis Place NW #303, Washington, DC 20007. I am furious opposing GOP plans about harming the deaf community therefore what reason I am running for position to prevent from GOP to destroy our rights. I need their supporting my campaiging to win important postion to protect all deaf communities. My platform: When I win the election and will enter the House chamber and take DC seat on 3 January 1999. I will motion the four demands: 1. PASS DC STATEHOOD ACT 2. OUST CONTROL BOARD AND REFORM THE DC GOVERNMENT MANAGEMENT LAWS 3. REFUND $46.8 BILLION FROM FEDERAL GOVERNMENT BECAUSE DC RESIDENTS PAY FEDERAL TAXES WITHOUT REPRESENTATION 4. PASS EXPANDED E.R.A. TO U.S. CONSTITUTION FOR EVERY INDIVIDUAL RIGHTS. You can share my platform to others. Look forward to hearing from you asap thank you for support. Let me know if someone can develop the homepage for www for public to know about my campaigning. IN EQUALITY EDUARDO BURKHART 980630 ============================================================== DEAF WORKERS OF ORANGE COUNTY Orange County, California Richard Roehm President Internet : Deaf@activist.com Deaf_Workers_OC@usa.net Website Nesmuth@bbs.hwsys.com Http://home.hwsys.com/users/roehm/dwoc.htm =============================================================== Circulation Information Direct Email subscribers : 38 Indirect Email Subscribers : 39 Feel free to redistribute this newsletter in it's entirety and if you are planning to add a mailing list as a subscriber then let me know for my records. Thank you. =============================================================== Deaf Workers of Orange County will continue to aggressively pursue justice, fairness, and equality for the Deaf Community. =============================================================== Education is the best gift that lasts a lifetime! 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