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Redefining the Role of Government as it Affects the Lives of People with Disabilities
January 30, 2012

Disability Policy Consortium

January 30, 2012     
Disability Policy Consortium  Weekly Update

 

Greetings!

 

Wow, what a week!  This issue is long because of budget issues and the T fare increases.

 

Brother Al Norman gets the lead Editorial for his commentary on the Governor's State of the Commonwealth which once again ignored elders and people with  disabilities. 

 

I just had to comment on "not by accident", the phrase repeatedly used by Governor Community Next-to-Last in the same speech.  We're again going to have to look to the Legislature to overturn his decisions. 

 

There is more evidence that the  "reformed" Department of Transportation needs attention.  In addition to allowing the T to propose fare changes in the face of a wide public process by the 530 Commission, we now see DOT releasing a  new survey to get folks opinions.  What has been going on for the last month if not gathering opinions?

 

We also present a draft statement from multiple organizations on the MBTA fare increases.  Please use this in letters, testimony, etc.   Let me know if your organization wants to be listed as a supporter.   

 

Bill Allan

Disability Policy Consortium

wfallan@dpcma.org| 617-542-3822

 

 Editorial: Where Have All The Elders Gone? 

 

Reaction to Governor Deval Patrick's State of the Commonwealth Speech

Mass Home Care, Jan 24, 2012

contact: Al Norman, 978-502-3794

 

Where Have All The Elders Gone?


 

For the sixth year in a row, Governor Deval Patrick has said little or nothing about his vision of how to improve the lot of older and disabled individuals living in the Commonwealth.

 

Since his first Inaugural Address in January of 2007, the Governor has barely mentioned this population group---remarkable because the 60+ population in Massachusetts today is now almost one in five (19.4%), and is the most rapidly growing segment of the state's population.

Older people have not historically made much of an appearance in the Governor's annual message to citizens:           

  • In his Jan, 2007 Inaugural speech the Governor told an anecdote about an 82 year old woman in Worcester who was recovering from cancer and a broken hip. The narration described how this elderly woman was determined to get down 6 flights of stairs to vote. "That frail 82-year-old did not walk down six flights of stairs for us to conduct the business of government the same old way," the Governor concluded. "It is time for a change."
  • In his January, 2008 State of the Commonwealth, there was no reference to seniors.
  • In his January, 2009 State of the Commonwealth, the Governor noted that home health aides, "who deliver vital services," were working "without a contract or adequate pay." He also added later in the speech: "We are going to have to learn to lean on each other, to live as members of a community. That means check in on your elderly neighbor when it's cold to make sure the heat is on."
  • In January, 2010, the Governor recalled that he met a grandmother in Lynn "who told me about moving her son and daughter and their kids, 9 of them strong, into her home because they're out of work and strapped for cash." The Governor explained that this woman had lost her job, and said: "She's not asking for much, just a chance to work to provide for her family, and a little help holding on until she can make her own way."
  • In January of 2011, in his Second Inaugural Address, the Governor made a passing reference to "the service and sacrifice of our parents and grandparents."
  • In his January, 2012 State of the Commonwealth, the Governor returned to a common theme of generational responsibility and noted: "there are parents across our state who wonder tonight whether they will be able to do as well for their children as their parents did for them." He mentioned putting an end to the "fee-for-service" health care payment model---which will affect over 1 million Medicare beneficiaries, who by federal law have a right to Original Medicare fee-for-service. Finally, the Governor said that "people in their thirties or forties or fifties, don't have the proper training for those jobs," but he said nothing about people in the 60s and older who still have to work to survive in this weak economy, with little or no pension income.

Over the years, the Governor has given older citizens little by way of an 'elder vision' to shape his public policy initiatives. Elderly people are burdened by the high cost of health care, and general living expenses. They want to remain living in their homes independently, yet find waiting lists for home care. There is much that the Governor could have spoken about, but his State of the Commonwealth speech was silent on the needs of older residents.

The record on senior issues in the Commonwealth over the past few years has been spotty:

  • In September 2005, Massachusetts was awarded a multi-million dollar Systems Transformation grant from the feds to transform the state's long-term support system for elders and people with disabilities. But very little transformation actually took place.
  • In August of 2006, the equal choice law guaranteed adults on MassHealth a choice of care in "the least restrictive setting appropriate to their needs." But today, the MassHealth state plan and regulations only guarantees nursing facility care, and 64% of our long term care spending still goes to nursing facilities.
  • On July 1, 2008, the Administration's 1115 waiver was supposed to begin, promising expanded home and community based services. After two years of state planning, a waiver was submitted to the federal government---but ultimately was abandoned.
  • In September of 2008, the Governor's Olmstead Plan was released, with the mission of creating a "community first" long-term care policy," and "the deliberate development of more accessible and effective long-term supports in local communities." The Olmstead Plan promised to shift the "focus of long-term care financing from institutions to the community." But, as noted above, only 36% to community first care, and the home care program has a waiting list.
  • In 2009 and 2010 advocates fought the Administration to get $2.5 million in state funds released for the Equal Choice "Options Counseling" that manages the front door of nursing facilities, to inform people of their options in the community before they decide on a nursing facility. This program is woefully underfunded, as is the program that funds diversion efforts targeted to people already in nursing facilities.
  • In 2009, elder advocates beat back a plan from the Administration to do an Article 87 reorganization that would have diminished the role and responsibility of the Executive Office of Elder Affairs. The Administration went ahead with its plan anyway without formal response from the General Court.
  • Two months ago a national report from AARP said that Massachusetts ranked 40th in the nation for Medicaid LTSS users first receiving services in the community. According to this report, if Massachusetts improved its performance to the level of the highest-performing state,10,203 more new users of Medicaid LTSS would first receive services in home and community based settings instead of nursing homes;3,945 nursing home residents with low care needs would instead be able to receive LTSS in the community.
  • In 2011, the state submitted an 'Integrated Care Organization" grant for federal funding that would turn over total control of LTSS for people on MassHealth to large hospital and physician networks-despite the fact that these managed care entities have no experience in managing LTSS, and if anything have demonstrated an institutional bias in their referral patterns.

The Governor's State of the Commonwealth speeches often return to the themes of hope, and generational responsibility. But in terms of tangible actions and policy initiatives to address the needs and hopes of seniors---these speeches leave little to hold onto---leaving advocates to ask: Where have all the elders gone?

 

Al Norman

Editorial:  "...not by Accident" 

 

Anyone who watched Governor Deval Patrick's State of the Commonwealth address last Monday night heard the phrase "not by accident" repeatedly as the governor ticked off the accomplishments of his administration.  

 

It wasn't too many years ago that Dr. JudyAnn Bigby would hold briefing sessions for agencies and advocates to assure every one that the budget cuts being suggested were "values-based".   In today's issue under FY13 budget, we publish Dr.  Bigby's list of budget cuts.  No briefing this year (unless of course there was one I didn't get invited to). No talk this year about values.  

 

Let's highlight couple recommendations from Governor Community Next-to-Last.  

 

Deaf-Blind Community Access Network:  DBCAN is a success of the DPC from the late 90's.  This program provides Deaf-Blind citizens in eastern Massachusetts with Service Support Providers to help them get out of their homes for doctor's visits, shopping, church and social events.  They get a whopping 16 hours a month!  

 

Can you imagine staying in your house the other 704 hours a month.  A functional assessment of Deaf-Blind people would find parallels with many people in other state-supported systems with 24/7 coverage.  This would be  an excellent case to test the theory of "equity within the class".

 

Elder Nutrition:  250,000 meals are being cut from 

Elder Affairs.  "Let them eat cake" because "its not by accident".  

 

I will be sure to use the phrase repeatedly during the next few months.  It as such a nice ring to it.  

Bill Allan Signature
 
Advocates Corner: MBTA Fares

 

Editors note:  The numbering system within this post is an error of the Constant Contact editing software. 

 

 

DRAFT Joint Statement on MBTA Fare Increases  

January 27, 2012

 

Representatives of Mass Senior Action, Disability Policy Consortium, Bay State Council of the Blind, Massachusetts State Association of the Deaf, T riders Union, Boston Center for Independent Living, MetroWest Center for Independent Living, Deaf, Inc, 1199SEIU, Disability Law Center's Cross-Disability Advocacy Committee, and the Union of Minority Neighborhoods, and two individual advocates agreed to the following principles regarding the proposed MBTA fare increases for seniors and people with disabilities.

  1. Both scenarios for proposed fare increases are discriminatory because proposed increases fares for seniors and people with disabilities are disproportionally higher than for adults without disabilities.

Increases should be governed by the concept of parity among classes of T riders.

  1. We completely reject the concept of a Premium Service Area.

  • The costs will be prohibitive for many riders who depend on the Rider to get to work, health care visits, food shopping, church, and social events.

  • The original 1990 compact between the T and riders was negotiated in good faith and can not be summarily be changed according to regulations. (We are researching the paratransit plans and yearly revisions submitted to the FTA and whether there is legal basis to challenge their ability to change the service area)

  • Costs will be impossible to predict for many riders

  • A visit from home, within the ¾ mile corridor, to a health facility outside the corridor means that both trips will be Premium fares.

  • Premium trips are not only based on the ¾ mile corridor but also upon the hours of operation of the fixed route service. Thus, A non-premium one-way ride may have a return trip considered as Premium because service cuts may mean the surface transportation may no longer be running.

  • Alterations to existing reservations will also be considered as premium trips. Seniors and people with disabilities are no different than other T riders who have sudden changes in plans and last minute appointments. They should not have to pay an exorbitant Premium fare for these "privileges" which are common in every day life.

  1. There are legal obligations governed by regulations that the T may not have followed in proposing these fare increases. We have legal counsel investigating that the MBTA has not involved the public in all facets of the planning for the changes in their paratransit plan and are thus violating the public participation requirements of the regulations.

  1. The T has not adequately addressed that any areas shown on the proposed service area maps in the presentation that are shown as Premium areas but are surrounded by ADA service areas will be considered as part of the ADA service area.

5. The Commonwealth has unduly burdened the MBTA and its ridership by assigning Big Dig debt to the MBTA. For FY13, Debt Servicing Cost is at least 25% of Total Revenue (fares, etc.).

  

6. This cost should not have to be carried by ANY riders of the MBTA. The Governor and the

Legislature must revisit the prior so-called Transportation Reforms and Forward Funding to

hold the T harmless for the Big Dig debt.

 

We oppose all service cuts proposed. We reject the premise that this crisis can only be resolved by a combination of fare increases and service cuts. The structural deficit must be resolved by increased revenues - some of which must be enacted by the legislature. Any service cut may impact the paratransit service area.

 

 

 
Advocates Corner: SSI Supplement

 

The following is handout from the January 24 meeting

on State Supplement Program highlighting changes coming when the state assumes payment of the state supplement.

 

What you need to know for April 1, 2012:

* SSP payments will now come from the state instead of from the federal Social Security Administration.

* Eligibility requirements are not changing.

* Payment amounts are not changing.

 

Payments will be sent at the same time and by the same method they are issued by the Social Security Administration.

 

* For certain applicants not eligible for SSI, their disability determination may be conducted by the state instead of the Social Security Administration.

* Letters about the upcoming transition will be mailed to SSP recipients beginning February 10, 2012.

 

* Beginning February 13, 2012, the SSP website and Customer Service Call Center will be available.

Massachusetts SSI State Supplement Program (SSP)

Customer Service Call Center Toll-Free number (877)-863-1128.

 

In the meantime, address questions to SSPinfo@umassmed.edu. 

 
Advocates Corner: T Fare Petitions

Matt Bander is circulating a Petition on the M.B.T.A. Proposed Fare Increases. If you want to help circulate it, please call Matt at 617-277-3572 or email him at matthew.bander@yahoo.com 
 
FY13 Budget: Budget Reductions from Bigby

 

Memo dated January 26, 2012 from Dr. JudyAnn Bigby

 

We have had to make some hard choices in developing a budget that is balanced and responsible. I understand that the reductions we have to make will be difficult.  In particular, we will need to reduce Medicaid rates and payments to hospitals; reduce DPH funding for family planning and teen pregnancy prevention programs, as well as funding to cities and towns for school nurses; delay filling vacant staff positions at DCF; reduce transportation services for DDS clients, as well as respite family supports; make reductions to the Home Maker Program, Turning 22 program and Independent Living Assistance through MRC; reduce funding for the elder lunch program; eliminate the DeafBlind Community Access Network and reduce radio reading services in Western Massachusetts.  Despite these and other difficult reductions, we are committed to developing strategies and initiatives that will help mitigate the impact these reductions will have on the people we serve.  We look forward to working with you to implement these efforts.  

 

On the Calendar: Duals Meeting

 

MassHealth has scheduled another Open Meeting:

  

February 6, 2012, 10:30 AM -12:30 PM 

  • State Transportation Building, Conference Rooms 2 & 3
    10 Park Plaza, Boston

 

The purpose of this open meeting will be to discuss changes MassHealth is making to the draft Demonstration Proposal on Integrated Medicare and Medicaid for Dual Eligible Individuals in response to input received through the public comment and public hearing process. 

 

We welcome attendance from all stakeholders and members of the public with interest in this proposed Demonstration. Reasonable accommodations will be made for participants who need assistance.  Please send your request for accommodations or RSVP to Donna Kymalainen at  Donna.Kymalainen@state.ma.us.

 

On the Calendar: T Hearing 

 

Remember to join us at the Boston Public Library on February 13 at 5:30 pm to sign in early for the meeting at 6:00 PM
 

On the Calendar: Film Festival

 

Six films from around the world about people with disabilities will comprise the first REELAbilitiesBoston Film Festival being presented Feb. 2-8 by The Boston Jewish Film Festival. Boston becomes only  the fifth city to stage a REELAbilities festival.

 

The films are My Spectacular Theater, War Eagle, Arkansas, Shooting Beauty, Snow Cake, Warrior Champions and Anita.

 

Tickets are $10 general admission, $9 for students, seniors, BJFF, Coolidge Corner Theatre, MFA and WGBH members and $6 for groups of 10 people or more for the same movie. Those with disabilities can attend for free. Please contact us in advance for more information at info@bjff.org.

 

On the Calendar:  MFP Meeting

 

Money Follows the Person

 

Thank you for being part of the MFP process and participating in the Topical Discussion and Stakeholder meetings. We hope you will join us for our next meeting on Thursday, February 2, 2012 at the Worcester Public Library (Saxe Room) from 2:00 to 3:30 pm.   

 

In an effort to include people who have not attended past Stakeholder Meetings, we will have a pre-meeting from 1:30-2:00 that will provide an overview of MFP so please invite others who want to be involved.

 

We have saved the majority of time (60 minutes) to hear more from you. Specifically, we are interested in identifying critical issues that you have addressed in your organizations that may be encountered by the new MFP Transitional Entities. 
 

Calendar:  Consumer Conference

 

 Save the Date!!!!  2012 Consumer Conference  


June 19th and 20th at the Four Points Sheraton, Norwood MA

Hosted by the Massachusetts Commission for the Blind, Massachusetts Commission for the Deaf and Hard of Hearing, Massachusetts Rehabilitation Commission and Statewide Independent Living Council

 

 
News from the Net: Gopen Fellow

The Massachusetts Developmental Disabilities Council has announced the 2012 Barbara Wilensky Gopen Fellow as Brookline's Tim Kunzier, a Boston University graduate with experience participating as a Massachusetts delegation at the annual Disability Policy Seminar in Washington, D.C. The Gopen Fellowship, founded in 2001, offers a unique opportunity for a person with a developmental disability or a family member to gain knowledge and experience by designing and implementing a project of his or her choice.

 

Kunzier will develop a protocol for medical personnel to follow when working with people who have severe communication issues, particularly communication issues related to a developmental disability. Kunzier, who has personal experiences being misunderstood or ignored during emergency situations because of communication issues, will look at the thoroughness of clinical evaluation. The protocol will help medical professionals better understand the need to obtain information unique to the individual with the disability.

 

This Fellowship project will leverage input from individuals who have had communications issues in emergency health-care situations to articulate their needs and ultimately improve the situation.

While the goal of this project is to benefit those with severe communication issues, it could potentially help other disability populations, and help overcome language barriers resulting healthcare disparities.

 

Kunzier will pursue his Fellowship under the direction of the Massachusetts Developmental Disabilities Council, the Institute for Community Inclusion, UMass-Boston, University Center for Excellence in Developmental Disabilities, Eunice Kennedy Shriver Center and the Disability Law Center.

 
 

Positions Open:  ICC Registry 

The Massachusetts Rehabilitation Commission (MRC) has an ongoing need for the short term services of qualified consumers from various fields of public vocational rehabilitation, and related areas including Independent Living Program and Services, Disability Determination Services and Statewide Programs such as Disabled Persons Protection Services, Statewide Employment Services, Home Care Assistance Program and services for Brain Injury and Statewide Specialized Community Services Program (BISSCS).

 

The services provided by an Individual Consumer Consultant (ICC) will assist MRC in systems advocacy, marketing the mandates of the Rehabilitation Act - Titles 1, 6c, 7 and state funded programs, program research, program development and recommendations. The services may include the ICC participating in on-site reviews of program access, orientation and mentorship. Consumer involvement and partnership is one of the most important elements of the service delivery system of MRC and it is hereby enhanced to ensure that there are numerous pathways that assures MRC staff and consumers can work together to meet established policy, procedures, designated priorities of the State Rehabilitation Council and other statutory and regulatory requirements.

You may call the MRC Contracts Director for more information at 617-204-3610 or email emeka.nwokeji@MassMail.state.ma.us

 

Position Open: SILC Coordinator

MA SILC Coordinator
MASILC is actively seeking applications for the consultant position of "SILC Coordinator". 

Application Deadline: February 10, 2012.
Download the full
 

 

Title: SILC Coordinator

Location: MetroWest Center for Independent Living, Framingham

Type: Consultant

 

Duties and Responsibilities: The SILC Coordinator serves as primary staff support for Council operations, and will attend all SILC meetings. The Coordinator will also participate in SILC Executive Committee and other committee meetings, in person or by conference call.  

 

The Coordinator is responsible for the management and oversight of SILC finances and funding, day to day operations, implementation of Council policies, writing of and adherence to the State Plan for Independent Living and 704 Part 1 report, government and community relations, and all activities to promote the MA SILC's mission and purpose, according to the Rehabilitation Act of 1973, as amended.

 

How to Apply: Persons interested in seeking this position must attach their resume and cover letter to an email titled "MASILC Coordinator Search" addressed to the Search Committee at info@masilc.org , no later that 5:00 pm on February 10, 2012. Phone calls and other forms of communication will not be accepted.



 
Position Open:  DLC Secretary

 

The Disability Law Center is currently accepting applications for the Secretary position in our Boston office. A strong candidate will be motivated, able to work on multiple projects in a fast paced environment and prioritize competing tasks.  

 

Visit our website for the Job Description and Application Process.

 

The Disability Law Center is an equal opportunity employer and encourages candidates with disabilities, women and individuals from diverse communities to apply.

 

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