The National Council on Independent Living
Not Just Responding to Change, but Leading It!



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NCIL: Celebrating 5 Years of Independent Living

National Council on Independent Living

Weekly Advocacy Monitor

Volume 7, Issue 14 WhAM!May 11, 2009  

 

1) What’s Happening in the Nation’s Capital?

Message from Jeff Crowley and Kareem Dale responding to questions about the Administration’s Position on Community Choice Act, and Olmstead

Call for Volunteers: NCIL Annual Conference 2009

2) National News

U.S. House Passes Hate Crime Bill

O'Reilly Smears Hate Crimes Bill with False Claims About Disability Protections

National Call-In Day May 13: Ensure Long-Term Services and Supports are Included in Healthcare Reform

3) State News

Obama Vs. Schwarzenegger: White House Threatens To Rescind Stimulus Funds

4) Announcements and Additional Resources

Home-Based Jobs through Ticket to Work for People with Disabilities

FCC Releases ASL Video Explaining New Ten-Digit Numbering and Emergency Call Handling Procedures for Internet-Based TRS

You're Invited to a Special Online Event to Introduce the "Declaration for Independence" and Call-to-Action for Health Care Reform

 

1) What’s Happening in the Nation’s Capital?  

Message from Jeff Crowley and Kareem Dale responding to questions about the Administration’s Position on Community Choice Act, and Olmstead

We apologize that it has taken us this long to respond.  This is a very important issue and we would like to clarify our position. 

The Administration looks forward to continuing to engage with the disability community about a wide range of important issues, including the steps the Administration has taken to improve the well-being of those who live with disabilities.

Among the issues we look forward to working with you on is the Community Choice Act. The President supports enactment of this important bill. He remains committed to working with you to expand access to community services and independent living and to enforcing existing civil rights laws, including the ADA, in order to ensure access to necessary services in the most integrated setting.

We know many are interested in the relationship between the Community Choice Act and health care reform.  The President is working closely with Congress to pass a good health reform bill this year and remains open to working with the Hill on these issues.  We believe that our efforts will improve the lives of many uninsured people with disabilities, and make it easier to take the next step of expanding access to critical community services.

Beyond the Congressional session this year, the Administration looks forward to working with the disability and aging communities to address access to Medicaid home- and community-based services and continue to address civil rights concerns of Americans with disabilities to have the right to live in the most integrated setting appropriate to their needs as enshrined by the Supreme Court in the Olmstead decision.

Jeff and Kareem

 

Call for Volunteers: NCIL Annual Conference 2009

We are looking for volunteers to provide invaluable support at the upcoming NCIL Annual Conference 2009 at Grand Hyatt Washington on June 5-8, 2009. NCIL plans the conference with a very energetic small team and a limited budget. We’re committed to keeping costs low to make the conference affordable as possible for conference attendees and organizations. Volunteers are essential to the conference success and are valued by NCIL.

We know some of your staff must attend all conference activities but if there are others that may not normally get to come to the conference. These individuals could sign up to volunteer and have their registration fees waived. We have many areas for volunteers to help out. If you are interested in signing up to volunteer, please contact Angela Rasmussen, NCIL Logistics Coordinator at angela@ncil.org by May 22, 2009.

A Few Examples of Volunteer Positions:

  • Registration Volunteers: greet attendees and provide registration support. Works directly with attendees, create nametags, process registration forms and replenish bags/materials.
  • Rally Lunch & Clean-Up Volunteer: Distributes lunches, water bottles, and collect trash before, during and after Rally. Also distributes water to March participants before March begins.
  • Note-Taker/Minutes: Responsible for taking minutes at the Annual Council Meeting. *Prior experience with note-taking and bring laptop computer.
  • Ballot Runner: Responsible for distributing and collecting ballots at the Annual council Meeting.
  • Door Keeper: Responsible for collecting Banquet meal tickets and guarding the doors.
  • Stage Manager: Serves as the contact person for all large plenary speakers and serves as a liaison between logistics staff and speakers.
  • Mic-Runners: The microhone-runners will facilitate large plenary Q&A sessions by bringing the microphone to participants.

Anybody is welcome to volunteer so please pass on the word that we’d love volunteers to help out at the NCIL Annual Conference 2009. Please submit your volunteer request to Angela Rasmussen, NCIL Logistics Coordinator at angela@ncil.org by May 22, 2009.

Thank You for Your Support,
NCIL Annual Conference Subcommittee

 

2) National News

U.S. House Passes Hate Crime Bill

Source: Reuters, by Thomas Ferraro

The U.S. House of Representatives Wednesday approved an expansion of federal "hate crime" laws -- an effort that former Republican President George W. Bush had opposed. On a vote of 249-175, the House passed and sent to the Senate a bill backed by the new Democratic White House to broaden such laws by classifying as "hate crimes" those attacks based on a victim's sexual orientation, gender identity or mental or physical disability. The current law, enacted four decades ago, limits federal jurisdiction over hate crimes to assaults based on race, color, religion or national origin.

The bill would lift a requirement that a victim had to be attacked while engaged in a federally protected activity, like attending school, for it to be a federal hate crime.

House Democratic Leader Steny Hoyer urged passage of the Federal Local Law Enforcement Hate Crimes Prevention Act of 2009. "Hate crimes motivated by race, religion, national origin, gender, sexual orientation, and identity or disability not only injure individual victims, but also terrorize entire segments of our population and tear at our nation's social fabric," Hoyer said.

Bush had helped stop such a bill in the last Congress, arguing existing state and federal laws were adequate. But President Barack Obama asked Congress to send it to him to sign into law. "I urge members on both sides of the aisle to act on this important civil rights issue by passing this legislation to protect all of our citizens from violent acts of intolerance," Obama said in a statement before the vote.

Conviction of a hate crime carries stepped up punishment, above and beyond that meted out for the attack. The bill would allow the federal government to help state and local authorities investigate hate crimes.

Representative Lamar Smith, ranking Republican on the House Judiciary Committee, helped lead the charge against the bill, arguing it was misdirected and discriminatory.
"All violent crimes must be vigorously prosecuted," Smith said. "Unfortunately, this bill undermines one of the most basic principles of our criminal justice system -- 'equal justice for all.'"

"Justice will now depend on the race, gender, sexual orientation, disability or other protected status of the victim," Smith said. "It will allow different penalties to be imposed for the same crime."

Earlier this year, Congress passed two other major bills derailed during the Bush administration. One, vetoed by Bush, would have expanded a federal health insurance program for children. The other, blocked by Bush's fellow Republicans in the Senate, would have reversed a U.S. Supreme Court ruling to make it easier to sue for discrimination in the workplace. With Democrats having won the White House and expanded their control of Congress in the 2008 election, both measures were among the party's top 2009 legislative priorities. And they became among the first bills Obama signed into law.

 

O'Reilly Smears Hate Crimes Bill with False Claims About Disability Protections

Source: Media Matters for America

Bill O'Reilly claimed that pedophiles could be protected under the Local Law Enforcement Hate Crimes Prevention Act, which defines as a federal crime acts of violence motivated by prejudice against people with disabilities, among others. But pedophilia is not considered a "disability" under current federal law.

On the May 5 edition of Fox News' The O'Reilly Factor, host Bill O'Reilly falsely claimed that pedophiles could be protected under the Local Law Enforcement Hate Crimes Prevention Act -- which defines as a crime acts of attempted violence "motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim." Specifically, O'Reilly said:

"[Y]ou could make an argument that a pedophile has a disease, and because the disease is there, he's a target or she's a target." O'Reilly later added that pedophiles could be protected by the bill because "[d]isability is included. They have a mental disability." However, pedophilia is not considered a "disability" under current federal law.

Indeed, the Americans with Disabilities Act of 1990 (ADA), specifically excludes pedophilia, thereby precluding protection for pedophiles from the hate crimes bill. Additionally, on May 6, America's Newsroom co-host Megyn Kelly joined other Fox hosts in advancing the false claim that Democrats "vote[d] to protect" pedophiles by voting against an amendment to the hate crimes bill by Rep. Steve King (R-IA) stating that "the term 'sexual orientation' shall not include pedophilia."

While discussing the Democrats' opposition to King's amendment, O'Reilly suggested that by defining as crimes acts of attempted violence "motivated by prejudice based on the actual or perceived ... disability of the victim," the underlying bill could protect pedophiles because "a psychiatrist would make an argument ... they have a disease. They can't control themselves." O'Reilly also stated that "you could make an argument that a pedophile has a disease, and because the disease is there, he's a target or she's a target." After Fox News contributor Marc Lamont Hill later stated, "when we talk about sexual orientation, you're not talking about ... pedophilia," O'Reilly replied, "Disability is included. They have a mental disability." Read More.

 

National Call-In Day May 13: Ensure Long-Term Services and Supports are Included in Healthcare Reform

NCIL has joined with CCD in a National Call in Day to push for long term care services in health care reform. Please join the movement and let your voice be heard May 13th. Last March, over 5000 calls were received in the Senate and were hoping to triple that number so Congress cannot ignore the grassroots movement and the demand to include long term care in healthcare reform.

Background: In coming weeks, the Senate will finalize legislation to reform America’s health care system.  Long-term services and supports are essential to individuals with disabilities and seniors and must be included. 

While over 48 million Americans do not have medical insurance, over 250 million Americans lack any insurance protection for the costs of long-term services.  Nearly half of all funding for long-term services is provided through Medicaid that requires individuals to impoverish themselves to receive supports.

There is an institutional bias within Medicaid that denies Americans with disabilities an equal choice for home and community services. Hundreds of thousands of individuals with disabilities and their families are on waiting lists for Medicaid home and community-based services.

Proposals exist to help address these issues.  However, they will only be included within healthcare reform legislation if Congress hears from you.  Aging and disability organizations have joined together to host a national call-in day on Wednesday, May 13.  Please join thousands of others across the country in calling your Senators to tell them how important it is to include long-term services and supports.  Your calls can make a difference! 

Call-In Information
When: Wednesday, May 13 (Between 8AM and 6PM EDT)
Call-In Number: 1-866-459-9232 (Toll Free)

You will be asked which state you are calling from and will be connected to your Senators’ offices.  Below is a sample script to leave a message.

“Hello [state your name and where you are calling from].  I’m calling to ask the Senator to help make sure long-term services and supports are part of health care reform.  Long-term services and supports are essential to the health, well-being, and community participation of individuals with disabilities and seniors.  Please ensure long-term services and supports are included in legislation to reform health care.  Thank you.”

 

3) State News

Obama Vs. Schwarzenegger: White House Threatens To Rescind Stimulus Funds

Source: The Huffington Post, by Rachel Weiner

Arnold Schwarzenegger has been one of the prominent Republican defenders of President Obama's stimulus plan. He's called the California governor "one of the great innovators of state government" and "an outstanding partner with our administration." But their relationship has hit a rough patch.

The L.A. Times reports that the Obama administration is threatening to rescind stimulus billions of dollars in federal stimulus funds if wage cuts to unionized home healthcare workers are not restored.

Schwarzenegger's office was advised this week by federal health officials that the wage reduction, which will save California $74 million, violates provisions of the American Recovery and Reinvestment Act. Failure to revoke the scheduled wage cut before it takes effect July 1 could cost California $6.8 billion in stimulus money, according to state officials.

The Service Employees International Union, which represents the workers, requested the opinion from Obama's Department of Health and Human Services. "The Obama Administration has made it clear that the State cannot cut the homecare workers' wages. Now we need our counties to follow suit and take all the cuts off the table," said SEIU Executive Vice President and SEIU UHW Trustee, Eliseo Medina.

"I am glad that President Obama stood up for us," said Greg Price, a homecare worker and SEIU UHW member in Fresno County. "Now it is up to the County to stand up for workers like me."

Schwarzenegger, however, has said the state doesn't have the money. "Neither the Legislature nor I make decisions to reduce wages or benefits lightly, but only as a last resort in response to an unprecedented fiscal crisis," Schwarzenegger wrote in a letter to Health and Human Services Secretary Kathleen Sebelius. He urged the administration to reconsider.


4) Announcements and Additional Resources

Home-Based Jobs through Ticket to Work for People with Disabilities

NTI, the National Telecommuting Institute, has a non-profit program to assist people with disabilities in home employment called the Ticket To Work Home-Based Jobs.  Most positions are telecommunication, home-computer jobs. Wages are from $9 - $15/hour. Contact the organization at www.mytickettoworkathome.org or 1-866-501-8387.

 

FCC Releases ASL Video Explaining New Ten-Digit Numbering and Emergency Call Handling Procedures for Internet-Based TRS

Source: News release from the FCC Consumer and Governmental Affairs Bureau

The Federal Communications Commission has produced a video in American Sign Language to explain the new ten-digit numbering requirements and emergency call handling procedures for Internet-based telecommunications relay services. You can view the video at: http://www.fcc.gov/cgb/dro/numbering_and_e911_for_vrs_ip.html.

Since December 31, 2008, persons with hearing and speech disabilities using Video Relay Service (VRS) or Internet Protocol Relay (IP Relay) – two forms of Internet-based Telecommunications Relay Service (TRS) – have been able to obtain ten-digit geographic telephone numbers that permit access to enhanced 911 (E911) service, as well as facilitate the placing and receiving of IP-based TRS calls.

VRS and IP Relay users obtaining ten-digit telephone numbers can make emergency calls through their primary (“default”) provider and have the call, along with their ten-digit number and Registered Location information, automatically routed to the appropriate public safety answering point, the same E911 call center used by voice telephone users.  In addition, all 911 emergency calls made through VRS or IP Relay must receive priority attention so that they will be answered by the first available Communications Assistant ahead of all other non-emergency calls.

Further, with a ten-digit number, voice telephone users calling someone using VRS or IP Relay will simply dial the user’s assigned ten-digit telephone number, rather than the VRS or IP Relay provider’s access number and the user’s IP address or proxy telephone number.

After June 30, 2009, all VRS and IP Relay users must have registered with a default provider – i.e., obtained an ten-digit geographic telephone number and provided location information – in order to place a VRS or IP Relay call (unless it is an emergency call).

[NVRC Note: This 14-segment video is in RealPlayer format.  If you do not have Real Player software, when you click on the first link, “Introduction to New Numbering and E911 Requirements for VRS and IP Relay,” you will be linked to a page where you can download RealPlayer free of charge.]

 

You're Invited to a Special Online Event to Introduce the "Declaration for Independence" and Call-to-Action for Health Care Reform

What: Health Care Reform - A Nationwide Virtual Town Hall Meeting on Independent Living and Long-Term Support and Services

When: Our National Day of Dialogue, Thursday, May 21, 2009, 2:00 p.m.

Registration: Please go to www.declarationforindependence.org  

On behalf of the National Advisory Board on Improving Health Care Services for Seniors and People with Disabilities (NAB), I would like to tell you briefly about a unique but long overdue call-to-action, and how you can learn more. We invite you to join national leaders in the health care debate for a first-of-its-kind event ... a nationwide virtual town hall meeting to discuss long-term support and services for seniors and people with disabilities. This WebEx event - part of our National Day of Dialogue on Thursday, May 21, 2009 - is open to all interested parties nationwide. It's a follow-up to our new report, "Declaration for Independence: A Call to Transform Health and Long Term Services for Seniors and People with Disabilities."

Lex Frieden, Convener, National Advisory Board on Improving Health Care Services for Seniors and People with Disabilities

 

Contact the Editor: Eleanor@ncil.org

To advertise in the Weekly Advocacy Monitor, contact Justin Chappell at Justin@ncil.org.

 
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