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Greetings,
DPC is so appreciative for the generosity of our members! If you have already made a gift to commemorate the ADA, THANK YOU!!! If you have not, there is still time! Please make the largest gift you can. No gift is too small. All are greatly appreciated. For more information on our fundraising appeal, please visit http://www.dpcma.org/Members/ADAAnniversaryAppeal/tabid/830/Default.aspx. With your support the DPC will be an even more powerful voice for rights, inclusion and empowerment.
Again, I hope you had the opportunity to commemorate the 20th Anniversary of the ADA. The ADA has opened countless doors for people with disabilities, both literally and figuratively. It is important to reflect on how far we have come and also realize how far we still must go to ensure equality for all.
In honor of the ADA, last week I attended the National Summit on Disability Policy in Washington, DC. This was an unbelievable opportunity to meet amazing advocates around the country as well as top officials. For information on the event speakers, please check out the very impressive agenda. I look forward to using the information I gathered and contacts I made to push disability policy in Massachusetts. I also had the honor of meeting President Obama!
Once again, please consider making a contribution to DPC. No gift is too small! Perhaps you would even skip buying one coffee a month and instead donate $5?!
Sincerely,
Robyn Powell
Assistant Director, Disability Policy Consortium
rpowell@dpcma.org| 617-542-3522
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Call Senator Brown TODAY!
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Please call Senator Scott Brown's office and ask him to support the jobs bill and extension of the FMAP that is being voted on today.
Boston: 617 565 3170
DC: 202 224 4543
This bill includes a 6 month extension of the enhanced match rate for medicaid spending. If this bill passes it will provide over $600 million dollars to Massachusetts. This is the last chance Massachusetts has to get "FMAP" funding that will reverse many of the proposed deep budget cuts to Medicaid community-based services and programs. We don't know what all of the cuts are yet but there are rumors of massive cuts to the PCA program
FMAP is the money that the federal government pays for every Medicaid dollar that the state spends. Usually this is 50 cents per dollar, but the ARRA gave MA an "enhanced" FMAP for 18 months to help economic recovery efforts and promote job growth If the FMAP extension is not passed, Massachusetts will need to close a shortfall totaling $2.7 billion; community based service programs are likely to take the biggest cuts. Other critical funding is at stake as well, including: child care funding for 1,750 children, 100 shelter beds for homeless people, and cuts in health care services and state public safety programs.
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New ADA Title II and III Regulations Including New ADA Standards for Accessible Design
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The Department of Justice issued final rules amending their ADA Title II and III regulations including updated ADA Standards for Accessible Design. The rules will take effect 6 months after they are published in the Federal Register. Compliance with the 2010 Standards for Accessible design is not required until 18 months after the date of publication in the Federal Register although they may be used after that published date. We will let you know as soon as the rules are published in the Federal Register. Meanwhile please read on for more details.
From the Department of Justice's Highlights of the Final Rules to Amend the Department of Justice's Regulation Implementing Titles II and III of the ADA.
COMMON TO BOTH TITLE II and TITLE III
1. Adoption of the 2010 ADA Standards for Accessible Design
The Department has adopted revised ADA design standards that include the relevant chapters of the Access Board's 2004 ADA/ABA Accessibility Guidelines as modified by specific provisions of this rule. To minimize compliance burdens on entities subject to more than one legal standard, these design standards have been harmonized with the Federal standards implementing the Architectural Barriers Act and with the private sector model codes that are adopted by most States.
2. Effective Date
The rule will become effective six months after publication in the Federal Register. Eighteen months after publication, compliance with the 2010 Standards will be required for new construction and alterations. In the period between the effective date and the compliance date, covered entities may choose between the 1991 Standards and the 2010 Standards. Covered entities that should have complied with the 1991 Standards during any new construction or alteration of facilities or elements, but have not done so by 18 months after the date of publication of the final rule, must comply with the 2010 Standards.
3. Element by Element Safe Harbor
The rule includes a general "safe harbor" under which elements in covered facilities that were built or altered in compliance with the 1991 Standards would not be required to be brought into compliance with the 2010 Standards until the elements were subject to a planned alteration. Similar safe harbors were adopted for elements associated with the "path of travel" to an altered area.
4. Ticketing
The rule provides guidance on the sale of tickets for accessible seating, the sale of season tickets, the hold and release of accessible seating to persons other that those who need accessible seating, ticket pricing, prevention of the fraudulent purchase of accessible seating, and the ability to purchase multiple tickets when buying accessible seating. It requires a venue operator to accommodate an individual with a disability who acquired inaccessible seating on the secondary ticket market only when there is unsold accessible seating for that event.
5. Service Animals.
The rule defines "service animal" as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. The rule states that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are not service animals. The final rule also clarifies that individuals with mental disabilities who use service animals that are trained to perform a specific task are protected by the ADA. The rule permits the use of trained miniature horses as alternatives to dogs, subject to certain limitations. To allow flexibility in situations where using a horse would not be appropriate, the final rule does not include miniature horses in the definition of "service animal."
6. Wheelchairs and Other Power-Driven Mobility Devices
The rule adopts a two-tiered approach to mobility devices, drawing distinctions between wheelchairs and "other power-driven mobility devices." "Other power-driven mobility devices" include a range of devices not designed for individuals with mobility impairments, such as the Segway® PT, but which are often used by individuals with disabilities as their mobility device of choice. Wheelchairs (and other devices designed for use by people with mobility impairments) must be permitted in all areas open to pedestrian use. "Other power-driven mobility devices" must be permitted to be used unless the covered entity can demonstrate that such use would fundamentally alter its programs, services, or activities, create a direct threat, or create a safety hazard. The rule also lists factors to consider in making this determination. This approach accommodates both the legitimate business interests in the safe operation of a facility and the growing use of the Segway® PT as a mobility devi! ce by returning veterans and others who are using the Segway® PT as their mobility aid of choice.
7. Effective Communication
The rule includes video remote interpreting (VRI) services as a kind of auxiliary aid that may be used to provide effective communication. VRI is an interpreting service that uses video conference technology over dedicated lines or wireless technology offering a high-speed, wide-bandwidth video connection that delivers high-quality video images. To ensure that VRI is effective, the Department has established performance standards for VRI and requires training for users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI system.
SPECIFIC TO TITLE II
1. Residential Housing Offered for Sale to Individual Owners
Residential housing programs provided by title II entities are covered by the ADA. For the first time, however, the final rule establishes design requirements for residential dwelling units built by or on behalf of public entities with the intent that the finished units will be sold to individual owners. These design requirements are set forth in the 2010 Standards.
2. Detention and Correctional Facilities
The final rule clarifies the requirements that apply to correctional facilities. It requires three percent of newly constructed or altered cells to be accessible.
SPECIFIC TO TITLE III
1. Reservations Made by Places of Lodging
The rule establishes requirements for reservations made by places of lodging, including procedures that will allow individuals with disabilities to make reservations for accessible guest rooms during the same hours and in the same manner as other guests, and requirements that will require places of lodging to identify and describe accessible features of a guest room, to hold back the accessible guest rooms for people with disabilities until all other guest rooms of that type have been rented, and to ensure that a reserved accessible guest room is removed from all reservations systems so that it is not inadvertently released to someone other than the person who reserved the accessible room. The final rule limits the obligations of third-party reservation operators that do not themselves own and operate places of lodging. In addition, to allow the hospitality industry appropriate time to change reservation systems, the final rule gives places of lodging 18 months from the date! of publication to come into compliance with these requirements.
2. Timeshares, Condominium Hotels, and Other Places of Lodging.
The rule provides that timeshare and condominium properties that operate like hotels are subject to title III, providing guidance about the factors that must be present for a facility that is not an inn, motel, or hotel to qualify as a place of lodging. The final rule limits obligations for units that are not owned or substantially controlled by the public accommodation that operates the place of lodging. Such units are not subject to reservation requirements relating to the "holding back" of accessible units. They are also not subject to barrier removal and alterations requirements if the physical features of the guest room interiors are controlled by their individual owners rather than by a third party operator.
For a copy of the new rules: http://www.ada.gov/regs2010/ADAregs2010.htm
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Hamilton CapTel(r) Launches New Captioned Telephone Services in the Commonwealth of Massachusetts
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For the First Time, Captioned Telephone Services Are Now Available for Individuals who are Hard of Hearing
AURORA, Neb., July 28 /PRNewswire/ -- Hamilton CapTel and Hamilton Relay, a division of Hamilton Telecommunications, today announced that, starting August 1, for the first time captioned telephone services will be available to the residents of Massachusetts. Now, individuals who are hard of hearing will be able to "see what they say" on the telephone and not miss a word of their telephone conversations.
"Captioned telephone service has never before been available in the state of Massachusetts and we are thrilled to finally be able to offer this service to meet consumer demand," said Frank Pozniak, Executive Director of the State 911 Department. "This service is unprecedented in our state and we have worked for years to make captioned telephone a reality for those who need it. As a result of legislation passed in 2008, starting today we are delivering enhanced technology options to make lives easier for those individuals in Massachusetts who are hard of hearing. This truly is an important milestone for our state and we are happy to be a part of this groundbreaking offering."
Captioned telephone is similar to closed captioning on the television. Using a CapTel phone and a standard telephone line, users can listen and read what the other person on the telephone is saying to them on a large, bright screen. Captions are available in English or Spanish. The CapTel phone is free to Massachusetts residents who qualify, ensuring that everyone who may benefit from Hamilton CapTel will have access to the service.
"Relay services for individuals who are hard of hearing have been available in Massachusetts for years," said Monna Wallace, Director of Programs for the State 911 Department. "We are now taking the next step forward by delivering captioned telephone services throughout the state. We are excited to add Hamilton CapTel to our list of available relay services, addressing the requests of many users throughout the State."
For more information about how to access Hamilton CapTel and apply for a CapTel phone in the state of Massachusetts, please call toll-free,1-800-300-5658. Or you can find out more about Hamilton CapTel on-line at: www.HamiltonCapTel.com or www.MassRelayEDP.com.
"We are thrilled to offer this service in Massachusetts and to deliver freedom and greater independence for individuals who have difficulty
hearing on the telephone," said Dixie Ziegler, vice president of Hamilton Relay. "Captioned telephone exists because every call is important. Our mission is to provide users with a top quality telephone experience, eliminating the frustration of trying to understand what is being said during a call."
About MassRelay
MassRelay is a 24/7 service that enables people using a standard telephone to communicate with people who are deaf, hard-of-hearing, or have difficulty speaking. CapTel service in Massachusetts will be funded by the E911/ Disability Access surcharge that is assessed on landline and wireless phones, and is part of the disability access program administered by the State 911 Department.
About Hamilton CapTel
Hamilton CapTel is a service of Hamilton Relay, a division of Hamilton Telecommunications, a diversified communications and technology services provider based in Aurora, Neb. Founded in 1901, HamiltonTelecommunications has grown to encompass eight primary company divisions allowing Hamilton to operate on a local, regional and national basis. For more information about Hamilton CapTel, please visit: www.hamiltoncaptel.com.
CapTel is a registered trademark of Ultratec, Inc.
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Movie Theater Access
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As the nation celebrates the 20th anniversary of the passage of the Americans with Disabilities Act, hearing and visually impaired residents of Massachusetts will gain greater accessibility to movie theaters through a settlement reached by Attorney General Martha Coakley with the three largest movie theater chains in Massachusetts.
For more information, visit http://www.mass.gov/?pageID=cagopressrelease&L=1&L0=Home&sid=Cago&b=pressrelease&f=2010_07_29_movie_theater_agreements&csid=Cago
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You can become the next Ms. Wheelchair Massachusetts!
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If you are a woman who is:
· A Massachusetts resident
· Between the ages of 21 - 60
· Marital status is not a factor
· Using a wheelchair for 100% of your active daily mobility
You could be crowned as the new Ms. Wheelchair Massachusetts 2011!
Sunday, November 7, 2010
"Carson Place" at the Bayside Expo Center
180 Mt. Vernon Street
Boston, MA 02125
10 a.m. to 5 p.m.
Ms. Wheelchair Massachusetts is NOT a beauty contest. Contestants are judged on their accomplishments, self-perception, and communication skills in the following:
· Personal Interviews
· On-stage Interviews
· Platform Speech
The winner will compete at Nationals for the title of Ms. Wheelchair America 2012!
Entry fee is $150 per contestant. Contestants are encouraged to solicit sponsorship to cover this fee. Scholarships are available if this cost is prohibitive. Fee includes lunch for contestant and companion and gift bag.
APPLICATIONS MUST BE RECEIVED BY October 21st 2010
For more information or to apply, contact Autumn Grant at 774-501-1185 or email: mswheelchairmass06@yahoo.com. Please stop by our website at www.mswheelchairmass.org and check out our Face book page Ms. Wheelcahair Massachusetts Foundation.
Meet current and past title holders and contestants at this year's pageant!
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S2557, An Act Relative to Debt Collection
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This legislation has important protections for Elders and for the Disabled. Please Read
Please call your Representative TODAY and ask that the House take up S2557, An Act Relative to Debt Collection, this week. This legislation was passed by the Senate last week and is now before the House Ways and Means Committee.
According to the Boston Globe, 575,000 small claims were filed by debt collectors between 2000 and 2005 - 1 for every 11 Massachusetts residents - and the number of bankruptcy filings has more than doubled in the last four years. Passage of this legislation is needed more than ever.
Action Steps:
Call your state representative. You can find out who your state representative is by going to www.wheredoivotema.com, or by calling (800) 462-VOTE.
Tell them that you are a constituent calling to ask that the House pass S2557, An Act Relative to Debt Collection, this session. Inform them that the bill is now before House Ways and Means and that you would like them to weigh in with the Speaker and the Chairman of Ways and Means.
Explain to them why this legislation is important to you. Some suggested talking points:
Under current law, an individual in debt cannot keep their computer or car when facing debt collection. Current law is an anachronism, allowing the individual to keep, among other things, two cows, twelve sheep, two swine and four tons of hay! These exemptions need to be updated to reflect current living standards. People need a car to drive to work.
Our failure to update the debt exemption statute has already had unintended consequences. Because current law only allows a debtor to keep $500 in a bank account, debt collection agencies, whose business model calls for them to purchase debt from creditors for pennies on the dollar with the intent of using any means to get debtors to pay, are easily able to secure a court order freezing the debtor's bank account.
As Massachusetts and the country continue to struggle with the effects of the economic downturn, more and more people are falling into debt, making this legislation all the more imperative. What might once have been considered an issue affecting only the most destitute of society is now so widespread that there are few residents who cannot name a friend or family member struggling to pay off accumulating debt.
Lastly, this proposed legislation contains increased protections for elders and disabled individuals by increasing specifically for this target population, the exemption protection on a motor vehicle and also seeks to end needless financial scrutiny and court involvement for these groups in cases where individuals don't have funds above the protections amounts.
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Ways to Help the DPC
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The DPC uses the PayPal PayFast system for your tax deductible charitable donations. You do not need to have a PayPal account to use this system because credit card payments are also accepted.
The DPC also uses the Causes program for recurring donations (as well as one time donations). This is a great way to make a smaller monthly donation.
Donate by Mail
Make check or money order payable to:
Disability Policy Consortium
59 Temple Place, Suite 669
Boston, MA 02111
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