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Things that are going on that you might want to know. 

 

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Disability Pride Parade Film Festival in Chicago

Call for Entries
The National Disability Pride Parade in Chicago is going to have an evening film festival the night of the parade, July 22.  Films will be considered that are fictional or documentary; amateur or professional; short subjects or full-length; commercials, animations, or computer-generated. To have the film festival was a last minute decision, so the time to get entries in is short. Please send a DVD or VHS to: Susan Fitzmaurice, I.D.E.A.S., 7873 Woodingham, West Bloomfield, MI 48322 For more information, email
susan@ideas4all.org

Susan Fitzmaurice, ADA Coordinator,City of Dearborn, ADA Coordinator, Detroit Metropolitan Center for Independent Living

Visit http://www.ideas4all.org/ for resources to help people with disabilities to live the life they love. NEW disability calendar and Job Board. A page of resources for each state, territory, and commonwealth to help in an emergency or in your everyday life. Still have the Katrina specific pages that started it all.

People to update and expand pages needed. Positions are voluntary, but you get lots of support from fellow volunteers.

 

 

 

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NEW YORK CITY TAXI AND LIMOUSINE COMMISSION Notice of Promulgation of Rules Notice is hereby given in accordance with section 1043(e) of the Charter of the City of New York (“Charter”) that the Taxi and Limousine Commission (“TLC”) promulgates rules governing accessible taxicabs. These rules are promulgated pursuant to sections 1043 and 2303(b)(11) of the Charter and sections 19-503 and 19-532(b) of the Administrative Code of the City of New York. These rules were published for public comment in The City Record on April 6, 2006. A public hearing on these proposed rules was held by the TLC at its offices at 40 Rector Street, 5th Floor, New York, New York 10006 on May 11, 2006. Pursuant to section 1043(e)(1)(c) of the Charter, these rules will take effect 30 days following the publication in The City Record. Section 1. Title 35, chapter 3 of the Rules of the City of New York is amended by adding a new section 3-03.2, to read as follows: New material is underscored. §3-03.2 Accessible Taxicab Specifications. (a) Definitions. For purposes of this section: (1) The term “accessible taxicab” shall refer to a taxicab that complies with federal regulations promulgated pursuant to the Americans with Disabilities Act applicable to vans under 22 feet in length, by the federal Department of Transportation, in Code of Federal Regulations, title 49, parts 37 and 38, and by the federal Architectural and Transportation Barriers Compliance Board, in Code of Federal Regulations, title 36, sections 1192.23 et seq., and the Federal Motor Vehicle Safety Standards, Code of Federal Regulations, title 49, part 571, that is hacked-up, as that term is defined in section 3-01(a) of this chapter, to an accessible medallion or any other medallion on or after June 25, 2006. (2) The term “OEM” shall refer to the original equipment manufacturer of the accessible taxicab who either manufactures the accessible taxicab in compliance with the specifications in subdivisions (c) and (d) of this section or manufactures the accessible taxicab such that the chassis complies with the specifications in subdivision (c) of this section and

approves a second-stage manufacturer who modifies the vehicle to comply with the specifications of subdivision (d) of this section. (b) An accessible taxicab shall be approved for hack-up if: (1) It is a vehicle other than a van the chassis for which as originally manufactured is designed to seat eight or more persons, a bus, or a minibus; (2) It is capable of transporting at least one passenger using a common wheelchair as defined in Code of Federal Regulations, title 49, section 37.3; (3) As presented for hack-up, it does not seat more than five passengers in all; and (4) It complies with the requirements stated in subdivisions (c) and (d) of this section, and all other requirements for hack-up that are not inconsistent with the provisions of this section; provided, however, that an accessible taxicab that is also a hybrid electric vehicle must also comply with the requirements stated in section 3-03.1 of this chapter. (c) The chassis of the accessible taxicab as originally manufactured must meet the following general OEM specifications: (1) The maximum horsepower shall be 240; (2) The suspension shall utilize the OEM’s suspension and steering components; and (3) No bumper modifications are allowed. (d) The accessible taxicab as manufactured by the OEM or as modified by an OEM- approved second-stage manufacturer must meet the following specifications: (1) The minimum ground clearance (measured from frame, loaded to gross vehicle weight rating (GVWR)) shall be 5 inches; (2) The minimum passenger compartment length (measured from rear of driver’s seat base to rear seat base) shall be 56 inches; (3) The OEM floor of the accessible taxicab, if lowered, shall be lowered from the base of the firewall to the area immediately in front of the rear axle; (4) If a lowered floor assembly is used in the accessible taxicab, it shall be stainless steel (16 gauge minimum), and shall meet or exceed the 1000 hour salt spray rating;

(5) If a lowered floor assembly is used in the accessible taxicab, a vapor-insulating barrier of ½ inch marine grade plywood shall be applied over the lowered metal floor and thoroughly secured; (6) The wheelchair ramp shall not block any part of the door or glass while in the stowed position; (7) The wheelchair securement system shall be provided to hold a wheelchair or wheelchairs and shall be the system known as Q straint QRT Standard or equal; (8) No anchor points shall project more than 1/8 of an inch above the finished floor; (9) If the accessible taxicab has a middle fold-up passenger seat, it shall have a folding mechanism and base plate and shall meet the requirements of the Federal Motor Vehicle Safety Standard No. 207, Code of Federal Regulations, title 49, section 571.207; (10) Any modifications to the rear air conditioning must be approved by the OEM; (11) Any and all electrical wiring in the accessible taxicab, other than as provided by OEM who manufactured the chassis, shall be PVC or better insulated and color coded for positive identification; and (12) The back-up alarm in the accessible taxicab shall be an electrically operated device that produces an intermittent audible signal when the accessible taxicab’s transmission is shifted to reverse. (e) Notwithstanding the provisions of sections 3-01(f) and 3-02 of this chapter, the retirement date for an accessible taxicab shall be determined as follows: (1) An accessible taxicab which is double-shifted and not driven by at least one long-term driver, as defined in section 1-01 of this title, for any period of time after hack-up, must be retired from taxicab service and replaced no later than 36 months after the vehicle was hacked-up; (2) Any other accessible taxicab must be retired from taxicab service and replaced no later than 60 months after the vehicle was hacked-up; and (3) An accessible taxicab hacked-up pursuant to this section shall not be eligible for any extension of the retirement dates provided in this paragraph. STATEMENT OF BASIS AND PURPOSE

The rules provide specifications for taxicabs to be used with accessible medallions pursuant to section 19-532(b) of the Administrative Code of the City of New York. The specifications are applicable to taxicabs that are hacked-up for use with accessible and other medallions on or after June 25, 2006. The specifications incorporate federal regulations promulgated pursuant to the Americans with Disabilities Act of 1990 (“ADA”) applicable to vans under 22 feet in length, by the federal Department of Transportation, Code of Federal Regulations, title 49, parts 37 and 38, and by the federal Architectural and Transportation Barriers Compliance Board, Code of Federal Regulations, title 36, sections 1192.23 et seq. The purpose of the rules is to ensure that accessible taxicabs are accessible to passengers who use wheelchairs The rules require that an accessible taxicab be a vehicle other than a van the chassis for which as originally manufactured is designed to seat eight or more persons, a bus, or a minibus. The vehicle must meet the specifications either after original manufacture or after modification by a second-stage manufacturer that is approved by the original manufacturer. The Taxi and Limousine Commission staff has identified two vehicles currently in production that meet the specifications – the Chevrolet Uplander, as modified by Eldorado National and sold as the Amerivan PT, and as modified by the Braun Corporation and sold as the Braun Entervan.

 

 

 

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  • Beginning January 23, 2007, ALL persons, including U.S. citizens, traveling by air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda will be required to present a valid passport, Air NEXUS card, or U.S. Coast Guard Merchant Mariner Document, or an Alien Registration Card, Form I-551, if applicable.
  • As early as January 1, 2008, ALL persons, including U.S. citizens, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), may be required to present a valid passport or other documents as determined by the Department of Homeland Security. While recent legislative changes permit a later deadline, the Departments of State and Homeland Security are working to meet all requirements as soon as possible. Ample advance notice will be provided to enable the public to obtain passports or passport cards for land/sea entries.

The passport requirement does NOT apply to U.S. citizens traveling to or returning directly from a U.S. territory.  U.S. citizens returning directly from a U.S. territory are not considered to have left the United States and do not need to present a passport.  U.S. territories include the following: Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, Swains Island, and the Commonwealth of the Northern Mariana Islands.

Under the proposed implementation plan, the following documents will be acceptable to fulfill document requirements:

  • U.S. Passport:   U.S. citizens may present a valid U.S. passport when traveling via air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda, and may also use a U.S. passport when traveling via sea and land borders (including ferry crossings).
  • The Passport Card (also referred to as the PASS Card):   This limited-use passport in card format is currently under development and will be available for use for travel only via land or sea (including ferries) between the U.S. and Canada, Mexico, the Caribbean, and Bermuda.  Similar in size to a credit card, it will fit easily into a wallet.

DOS and DHS also anticipate that the following documents will continue to be acceptable for their current travel uses under WHTI:  SENTRI, NEXUS, FAST, and the U.S. Coast Guard Merchant Mariner Document.  As proposed, members of the U.S. Armed Forces on active duty traveling on orders will continue to be exempt from the passport requirement. 

 

 

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1915(c) and Independence Plus Overview

In 1981, former President Ronald Reagan signed into law Public Law 97-35. Section 2176 of PL 97-35 established section 1915(c) of the Social Security Act (the Act), the Medicaid Home and Community-Based Services (HCBS) Waiver program. Prior to the passage of this legislation, Medicaid long-term care benefits were limited to home health and personal care services and to institutional facilities: hospitals, nursing facilities (NF), intermediate care facilities for persons with mental retardation (ICF/MR). The HCBS legislation provided a vehicle for states, for the first time, to offer additional services not otherwise available through their Medicaid programs to serve people in their own homes and communities. HCBS waivers afford States the flexibility to develop and implement creative alternatives to placing Medicaid-eligible individuals in hospitals, nursing facilities or intermediate care facilities for persons with mental retardation. The HCBS waiver program recognizes that many individuals at risk of being placed in these facilities can be cared for in their homes and communities, preserving their independence and ties to family and friends at a cost no higher than that of institutional care.

Introduction  to 1915(c) and Self Direction

CMS recognizes that the design and operational features of a waiver program will vary depending on the specific needs of the target population, the resources available to the State, service delivery system structure, State goals and objectives, and other factors.  A State has the latitude to design a waiver program that is cost-effective and employs a variety of service delivery approaches, including participant direction of services.

Participant direction of waiver services means that the waiver participant has the authority to exercise decision making authority over some or all of her/his waiver services and accepts the responsibility for taking a direct role in managing them.  Participant direction is an alternative to provider management of services wherein a service provider has the responsibility for managing all aspects of service delivery in accordance with the participant-centered service plan.  Participant direction promotes personal choice and control over the delivery of waiver services, including who provides services and how they are delivered.  For example, the participant may be afforded the opportunity and be supported to recruit, hire, and supervise individuals who furnish daily supports.  When a waiver service is provider managed, a provider selected by the participant carries out these responsibilities.

Incorporating participant direction into a waiver involves several interrelated dimensions.  The following is an overview of the main dimensions of participant direction under a waiver:

Participant Choice

A waiver may be designed to exclusively serve individuals who want to direct some or all of their waiver services.  Usually when this is the case, there is another waiver program that is available to individuals who do not wish to direct their services.  Alternatively, a waiver may permit participants to direct some or all of their services or opt instead to receive provider-managed services exclusively.  The Version 3.2 HCBS Waiver Application supports both basic waiver designs.  When a waiver exclusively serves persons who want to direct some or all of their waiver services, this design is reflected in Appendix B-1 (Item B-1-b – additional targeting criteria) and in Appendix E-1.  Also in Appendix E-1, the waiver may further specify that participant direction opportunities are limited to individuals who reside in designated types of living arrangements.

Whenever the application refers to the election of participant direction or the exercise of decision making authority, references to the participant mean: (a) the participant acting independently on her/his own; (b) the parent(s) of a minor child who is a waiver participant acting on behalf of the child; (c) a legal representative when the representative has the authority to make pertinent decisions on behalf of the participant; and, (d) when permitted by the state, a non-legal representative who has been freely chosen by the participant to make decisions on the participant's behalf.

Geographic Limitation

As discussed in the instructions for Item 4-c in the Application module (statewideness), the waiver also may make participant direction opportunities available in some but not all the geographic regions where the waiver is in effect.

Service Specifications

In Appendix C-3, each service that is offered under the waiver may be specified as provider-managed, participant-directed, or both.  The instructions for Appendix C-3 discuss the considerations associated with the specification of service delivery method.  In general, the exercise of the participant direction opportunities (authorities) that are discussed below applies only to the waiver services that have been designated as participant-directed.

Participant Direction Opportunities

Appendix E-1 provides for the selection of two basic participant direction opportunities that may be made available through a waiver.  These opportunities may be and often are used in combination and are not mutually exclusive.  The opportunities are:

  • Participant Employer Authority.  Under the Employer Authority, the participant is supported to recruit, hire, supervise and direct the workers who furnish supports.  The participant functions as the common law employer or the co-employer of these workers.  When the Employer Authority is utilized, the participant rather than a waiver provider agency carries out employer responsibilities for workers.  The dimensions of participant decision making under the Employer Authority are specified in Appendix E-2-a of the application; and,
  • Participant Budget Authority.  Under the Budget Authority, the participant has the authority and accepts the responsibility to manage a participant-directed budget.  Depending on the dimensions of the budget authority that are specified in Appendix E-2-b, this authority permits the participant to make decisions about the acquisition of waiver goods and services that are authorized in the waiver service plan and to manage the dollars included in a participant-directed budget.

As noted above, these two authorities are often used in combination to promote full-featured participant direction of waiver services.

Supports for Participant Direction

When a waiver offers participant direction opportunities, two types of supports must be made available to facilitate participant direction.  These supports may be furnished as a waiver service (as specified in Appendix C-3) or under another Medicaid payment authority (principally as a Medicaid administrative activity).  When one or both types of supports are furnished under another payment authority, they are described in detail in Appendix E-1.  These supports are:

  • Information and Assistance in Support of Participant Direction.  These supports are made available to participants to help them manage their waiver services.  For example, assistance might be provided to help the participant locate workers who furnish direct supports or in crafting the service plan.  The type and extent of the supports that must be available to participants depends on the nature of the participant direction opportunities provided under the waiver.
  • Financial Management Services.  These services are furnished for two purposes: (a) to address the legal and other requirements that arise when the participant functions as the employer of workers and (b) to make financial transactions on behalf of the participant when the participant has budget authority.

While their main purpose is to facilitate participant direction of services, these supports also provide important protections and safeguards for participants who direct their own waiver services.

More detailed information about each of these main dimensions of participant direction is contained in the item-by-item instructions.

To analyze Appendix E- of the new HCBS waiver application, scroll down this page to Inside of CMS section and click on the Quality ToolKit link.

 

 

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Democrats Face Hurdles in Bid to Close Medicare Gap
Eliminating Hole in Drug Coverage Would Require Tax Increases or Spending Cuts to Avoid Expanding Budget Deficit
 

By Christopher Lee
Washington Post Staff Writer
Sunday, January 7, 2007; A08
 

 

Democrats face a difficult time delivering on their pledge to eliminate the "doughnut hole" in Medicare's drug benefit, despite having used the unpopular coverage gap as a rhetorical club against Republicans in regaining control of Congress in the fall elections.

Requiring Medicare to negotiate lower drug prices from pharmaceutical companies -- a popular idea that nevertheless faces significant political hurdles -- will not produce enough savings to fill the doughnut hole, experts say. And making up the difference would require big tax increases or spending cuts elsewhere if Democrats are to keep another campaign promise, to be fiscally responsible and avoid increasing the federal budget deficit.

"I think the Democrats are going to shy away from it because it's very costly," said Sen. Charles E. Grassley (R-Iowa), who was chairman of the Senate Finance Committee when it crafted the Medicare drug benefit in 2003. "I think you'll find out that closing the doughnut hole would have just about doubled what we were going to put into the whole program. So you're talking about hundreds of billions of dollars."

Democrats are still determined to eliminate the gap, said Brendan Daly, spokesman for House Speaker Nancy Pelosi (D-Calif.). The House is expected to vote this week on a bill Democrats introduced Friday that would require the secretary of health and human services to negotiate the prices of drugs covered by what is formally known as Medicare Part D.

"We're hoping to get some savings, obviously, from the price negotiation, and then we can try to use some of that to start to close the doughnut hole," Daly said. "I don't think we're going to have enough to close it entirely. It's a difficult task. . . . We are committed to doing it, though."

The doughnut hole refers to a coverage gap in which Medicare beneficiaries must pay for 100 percent of their drug purchases, even as they continue to pay monthly premiums. An estimated 3 million to 4 million people fell into the gap last year. In 2007, under the standard plan, the gap opens when a senior's total drug costs reach $2,400 and closes when out-of-pocket expenses total $3,850. Medicare then picks up most additional costs.

The Congressional Budget Office has informally estimated that filling the hole would cost $450 billion over 10 years, but the agency has no estimate of how much government price negotiations might save. A study released in October by Rep. Henry A. Waxman (D-Calif.), the new chairman of the House Government Reform Committee, estimated that the savings would range from $61 billion to $96 billion.

Even before the elections, Democrats began to acknowledge that they would not be able to eliminate the coverage gap right away. But in months of campaigning, party leaders and candidates fanned public anger over the doughnut hole and accused Republicans of selling out to the pharmaceutical industry.

At a senior center in Sunrise, Fla., on Oct. 3, Pelosi touted government drug-price negotiations as a solution and pledged to make them happen as part of the Democrats' agenda for the first 100 hours of the new Congress.

"We will use that money to fill the doughnut hole so that seniors will have affordability, they will have reliability, and will not be caught in this trap of the doughnut hole," Pelosi said. " . . . You pay [premiums] in, they get the money, you get no benefits back. How could that be a good idea unless you're writing the bill for the HMOs and the pharmaceutical companies, and not for America's seniors?"

In July, Rep. Steven R. Rothman (D-N.J.) issued a statement calling the program "broken" and the doughnut hole one of its "most glaring failures."

"The Republican majority created a terrible mess with Medicare Part D," Rothman said. "We can fix Medicare Part D by providing a prescription-drug benefit through Medicare, ending the subsidies for insurance companies, and allowing the government to negotiate lower drug prices. Doing so will eliminate the doughnut hole and provide a benefit worthy of our seniors."

Back in 2003, proponents, mainly Republicans, saw the unusual setup as a way to provide some help to all beneficiaries, and substantial help to those with catastrophic drug costs, and yet not break the bank with the new benefit. Lately, GOP lawmakers have contended that the doughnut hole is not a problem because it does not apply to low-income beneficiaries, and because other seniors can choose more expensive drug plans that offer coverage without the gap.

Filling the hole soon is unlikely, many analysts say. The White House's opposition means that drug-price negotiations are not likely to be enacted even if the idea manages to win approval in the Senate, where the going is likely to be tougher than in the House, they say.

Even if it were to pass and escape a presidential veto, the House bill would not authorize the health and human services secretary to limit Medicare coverage to a list of approved drugs -- called a formulary -- a tool that some experts say would be necessary to win major price concessions. The legislation would also not explicitly require that any savings be applied to filling the doughnut hole.

"There is virtually no chance that we are going to see any change to the doughnut hole in the foreseeable future," said Robert Laszewski, a nonpartisan health policy consultant in Washington. "The doughnut hole is sort of institutionalized now. . . . It's there for a reason. It's there because that's the kind of plan design the Congress could afford. And just because you change the Congress doesn't mean the affordability changes."

John Rother, policy director for AARP, the powerful seniors' lobby, agreed that substantial changes to the doughnut hole are unlikely this year. But he does not think that Democrats would pay a political price for that.

"It's not an overriding, intense concern for most seniors," Rother said. "What we get a lot from our members is concern about overall drug costs, not just the doughnut hole."

House Energy and Commerce Committee Chairman John D. Dingell (D-Mich.) said requiring government negotiations is just the "first step."

"I plan to hold hearings early in the new Congress to identify additional changes needed to improve the Medicare drug program, and reviewing the donut hole will be part of that process," he said in a statement.

 

 

 

 

 

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10/27/2006  mjg  Ó2003 carmelo gonzalez    webmaster@carmelogonzalez.com   www.CarmeloGonzalez.com

Last updated on 07/19/2008