Rules on Travel with Emotional Support Animals are Discriminatory

On May 13, 2009, the Department of Transportation's (DOT) Air Carrier Access Act revised regulations went into effect. These rules for the first time applied U.S. nondiscrimination provisions on foreign air carriers with flights the originate in the U.S.

However, another provision of the regulations requires a uniquely high level of documentation from individuals who seek to board aircraft with psychiatric service animals or emotional support dogs.

These rules demand written documentation, such as a note from a mental health professional testifying to the need for the animal to accompany the passenger, 48 hours in advance for both psychiatric service animals and emotional support animals to be allowed on an aircraft. This is not required for service animals of people with disabilities that are not psychiatric in nature.

Seeing the regulations as discriminatory to people with mental illnesses, the Psychiatric Service Dog Society attempted to stop the rule a few months before it went into effect, but was not successful.

However, on September 18, 2009, the Department issued a new request for comments, based on the Psychiatric Service Dog Society's letters urging repeal on the rules.

DOT is seeking comments from the public on whether it should begin a new rulemaking on this practice. They are particularly seeking comments from the public on how the rule, which has been in effect since May 13, 2009, is working or not working.

The deadline for comments is December 17, 2009.

The make your voice heard, visit DOT's special input page to view and comment on the rules:

http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a2662c

President signs hate crimes bill into law

President Barack Obama signed an expanded hate crimes bill into law Wednesday making it a federal offense to commit a crime against a person based on their disability. The law entitled the Matthew Shepard-James Byrd Hate Crimes Prevention Act, expands current hate crimes law to include violence based on gender, sexual orientation, gender identity and disability. The law is named after two murder victims from 1998 who were targeted for attack because of bigotry. Federal law already includes protections for crimes committed based on race, color, religion or national origin.

President Obama Stated, “No one in America should ever be afraid to walk down the street holding the hands of the person they love. No one in America should be forced to look over their shoulder because of who they are or because they live with a disability. At root, this isn't just about our laws; this is about who we are as a people. This is about whether we value one another -- whether we embrace our differences, rather than allowing them to become a source of animus.”

Quoting President Johnson from when he signed civil rights legislation into law in 1968, Obama said that "the bells of freedom ring out a little louder," when he signed the Act into law.

“You understood that we must stand against crimes that are meant not only to break bones, but to break spirits -- not only to inflict harm, but to instill fear,” Mr. Obama said, “You understand that the rights afforded every citizen under our Constitution mean nothing if we do not protect those rights -- both from unjust laws and violent acts. And you understand how necessary this law continues to be. “

People with disabilities are 50 percent more likely to experience nonfatal violent crime than those without disabilities, according to a Justice Department study released in early October. The study found that about one in five crime victims with disabilities believe their disability was the reason they were targeted.

You Tube Video on Healthcare

Heather Graham stars as the Public Option in this funny ad, showing how she'll force the lazy, bloated private insurance companies to get back in the game and compete.

After all, competition is as American as apple pie.

Featuring actor Peter Coyote as the narrator

Go here to view the video.

Act Now to Ensure the CFC Option and CLASS ACT Remain in Healthcare Reform!

Call Sen. Shelby and Sen. Sessions, today, and ask for their support!

You may call toll-free (thanks to Families USA): 1-800-828-0498 or use the
Capitol switchboard: 202-224-3121.

Message

I am calling to urge Senator _________ to ensure that both the CLASS Act and
the Community First Choice Option are included in the final healthcare
reform bill in the Senate. People with disabilities who need long term
services and supports now or in the future should be:

1. a part of the solution;
2. able self-determine the services and supports that they really want;
3. able to have the freedom to choose where they want to live.

Background Information

This week the Senate Finance and the Senate Health, Education, Labor and
Pensions (HELP) Committees are merging their separate healthcare reform
bills into one single bill that will go to the Senate floor to be debated as
early as next week. Two critical provisions that change the way long term
services are delivered and funded for people with disabilities are included.
These two provisions complement one another and must be a part of the final
Senate bill!

The Finance Committee bill includes the Community First Choice (CFC)
Medicaid Option. This state option will allow the states to offer broadly
defined attendant services and supports in one's home or community setting
to individuals eligible for nursing home, ICFs/MR, and other institutional
level care. To encourage the states to implement the CFC Option, the state
will receive a 6 percent increase in its federal medical assistance
percentage (FMAP) match for services provided under this option. The CFC
moves us one step closer to ending the institutional bias in Medicaid!

The Health Education Labor and Pensions (HELP) Committee's bill includes the
Community Living Assistance Services and Supports Act (CLASS) Act. The CLASS
Act would create a solvent, affordable, premium-based, national insurance
program providing a cash benefit that can be used for assistance with the
activities of daily living. This helps state Medicaid budgets because many
people will have a way to avoid becoming impoverished by spending down to
Medicaid eligibility levels. The CLASS Act complements the CFC Option and
Medicaid, Medicare, and private long term care insurance.

Community First Choice Amendment Now Included in Senate Finance Committee Healthcare Legislation!

NCIL alerted our members this week to the importance of supporting the Community First Choice Option as an amendment to the Senate Finance Committee healthcare bill. The amendment was offered by Senator Chuck Schumer (D-NY) and accepted by Chairman Max Baucus. This means that it will be included in the modified version of the bill, also known as the “Chairman’s Mark”, which is being debated this week! This is incredible news, as this amendment will advance our efforts to end the institutional bias!

The CFC Option would encourage states to provide Medicaid home and community based attendant services, rather than require them as the Community Choice Act would. The cost of the CFC Option is estimated to be $1 billion over five years. It includes a “sunset provision”, which means that after five years Congress will need to approve keeping the CFC Option in place.

One important feature of the Chairman's Mark language is that the Money Follows the Person program would be modified to move the basic eligibility requirement of six months of institutionalization to only 90 days.

What Will Happen Next:

Since the CFC Option is now part of the Finance Committee’s bill (assuming there are no objections), the amendment does not need to be offered and debated during the ongoing mark-up process. If the Finance Committee passes the bill after mark-up, it will be merged with the bill passed in the Senate Health, Education, Labor and Pensions (HELP) Committee. Once a final bill is created from the two versions, it will be voted on by the full Senate. Having the CFC Option as a part of Senate Finance Committee mark is a huge step forward, but we still have important work to do.

What to Do Now:

Please contact your Senators and let them know that you support the Community First Choice Option in the Senate Finance Committee bill, and that it is critical that it be kept in the final version approved by the Senate. It is also important to thank those who have made this possible. Senator Baucus (MT) and David Schwartz (from the Senate Finance staff) were crucial in making this happen. NCIL also appreciates the efforts of Senator Schumer (D-NY) for submitting the CFC Option Amendment and Senator Harkin, our Senate champion who has tirelessly fought to eliminate the institutional bias. Call and thank them!

You can call using this toll-free number: 866-324-0787. A switchboard operator will connect you directly with the Senate office you request.

FYI: If you have no health insurance

Federally-funded health centers are mandated to provide care for you, even if you have no health insurance. You pay what you can afford, based on your income.

Health centers are in most cities and many rural areas. Go to http://www.findahealthcenter.hrsa.gov/Search_HCC_byCounty.aspx Type in your address and click the 'Find Health Centers' button to find health centers near you.

Health centers provide:
1. Check-ups when you are well
2. Treatment when you are sick
3. Complete care when you are pregnant
4. Immunization and check-ups for your children
5. Dental care and prescription drugs for your family
6. Mental health and substance abuse care if you need it

Huge Turnout for Home Repair and Energy "Connect" Event

On August 20, 2009, the first Home Repair and Energy Conservation Event was held at the Community Health Systems Activity Center. Over 147 people came seeking help, information and resources. The event focused on assisting low-income individuals, senior citizens, and people with disabilities needing help with home repair, weatherization, and home modification.

The sponsors embraced this event from its conception several months ago until it ended last night. Sponsors included the Walker Area Community Foundation, Red Cross, Community Action, Retired Senior Volunteer Program, USDA Rural Development, Community Action (Decatur), Habitat of Humanity, United Way of Central Alabama, Independent Living Resources, Witcher Office Supply, Grace Nicholas, Sandy Perry, Jasper City Councilperson Sandy Sudduth, and former Jasper Mayor Don Goetz. Last, but not least, the volunteers from Red Cross who stepped up and just seemed to know what to do.

Walker County is a place where people and agencies work together for the common good with an attitude of “Just do It”…and we did.

Trecia Benefield

IL Specialist

For more informarion go to http://www.ilrgb.org/news.php