PROTECTION & ADVOCACY

Oklahoma Disability Law Center, Inc.  

December, 2002

IN THIS ISSUE:

 

v     NCD:  “Righting the ADA” Report

 

v     US DOL ANNOUNCES NEW DISABILITY WEB SITE

 

v     EPSDT Documents Assembled by National Health Law Proram

 

v     President Bush Signs Legislation Extending Mental Health Parity Act

 

v     SPECIAL EDUCATION:  NEW ODLC INTERNET LIST ON DISCIPLINE ISSUES

 

 

NCD:  “Righting the ADA” Report

 

The National Council on Disability (NCD) today released the inaugural paper in a series of policy documents addressing specific topics raised by detrimental rulings of the U.S. Supreme Court on the Americans with Disabilities Act (ADA).

Righting the ADA, a reported located online at http://www.ncd.gov/newsroom/publications/rightingtheada.html, explains NCD's rationale for undertaking this comprehensive examination, the high expectations it had for the ADA, NCD's role regarding the ADA, the impact of the ADA, and an overview of this series of policy briefs.

Initially, NCD will respond to certain inaccurate comments about the ADA leveled by Justice O'Connor, and to several key media misrepresentations of and erroneous attacks on the ADA. Subsequently, NCD will examine various specific substantive aspects of the Court's rulings that have weakened or restricted the impact of the ADA, including the highly restrictive interpretation of the ADA's definition of "disability." Another major area to be addressed concerns constitutional limits on the power of Congress to enact disability rights laws such as the ADA and other civil rights legislation.

NCD plans to address some limitations the Court has imposed on the remedies available in ADA cases and take a cross-issue look at the consequences of the Supreme Court's decisions by contrasting the state of the law before the decisions were rendered with the legal situation after the decisions, to identify undesirable and unjust results in the decisions of the lower courts as a result of the Supreme Court's rulings and to summarize instances of unaddressed discrimination and injustices stemming from the Court's rulings that do not result in reported court decisions.

NCD will then to develop legislative proposals for addressing those issues that appear appropriate for legislative correction.

Finally, NCD will present its legislative proposals, along with pertinent supportive material from the previous papers in a final, comprehensive report “Righting the ADA.”

 

See also:  http://www.ncd.gov/newsroom/publications/43million.html

 

 

US DOL ANNOUNCES NEW DISABILITY WEB SITE

 

On Wednesday, October 16, 2002, at the New Freedom Initiative Celebration of National Disability
Employment Awareness Month, Secretary Elaine L. Chao unveiled http://www.DisabilityInfo.gov, a new web site for people with disabilities.

DisabilityInfo.gov is the result of a collaborative effort across multiple federal agencies. Containing information on civil rights, education, employment, housing, health care, technology and transportation, among other subjects, the site is designed to be a one-stop source of government
information relevant to people with disabilities, their families, employers, and service providers. The
site was developed in response to an Executive Memorandum issued by President George W. Bush on August 28, 2002, directing federal agencies to develop a web site for people with disabilities within 60 days.

“I am so pleased the President selected the Labor  Department to lead the effort to establish DisabilityInfo.gov, and I am delighted with the result,” said Secretary Elaine L. Chao. “DisabilityInfo.gov provides Americans with disabilities a direct and easy connection to the information and resources needed to access  opportunities to become full participants in their
communities and the 21st Century workforce.”

This site, the first of its kind, will provide individuals with one-stop access to government disability information and resources as well as updates on the New Freedom Initiative. While DisabilityInfo.gov will be managed by the Department of Labor, content for the portal will be a
responsibility shared across multiple federal agencies.
DisabilityInfo.gov is part of President Bush’s New Freedom Initiative, a comprehensive plan designed to ensure that Americans with disabilities have the opportunity to learn and develop skills, engage in productive work, make choices about their daily lives, and participate fully in their
communities. The Labor Department’s Office of Disability Employment Policy is charged with providing national leadership to increase meaningful employment opportunities for people with disabilities and is primarily responsible for implementing the employment-related aspects of the
President’s Initiative.

http://www.disabilityinfo.gov/

 

 

EPSDT DOCUMENTS COLLECTED ONLINE BY NATIONAL HEALTH LAW PROGRAM

 

Early and Periodic Screening, Diagnosis and Treatment Annotated Federal Documents, Prepared by: Jane Perkins

This memorandum updates an
August 18, 1993 memo from the National Health Law Program that annotated EPSDT-related transmittals issued by the Health Care Financing Administration (HCFA). The August 1993 memo
listed federal documents issued during the 1989-1993 time period. This memo adds documents covering primarily the 1992-1994 time period. We will be updating this memorandum later this year to include EPSDT
transmittals issued since 1994.

Child health advocates should pay attention to these transmittals
because they represent statements of federal agency policy. For example, some documents offer information about whether federal Medicaid dollars can be used to cover specific services. Also, given that HCFA has not promulgated final EPSDT regulations implementing the 1989 amendments to the Medicaid EPSDT statute, these transmittals are, in some cases, the only written indications of federal policy that we have.

ONLINE: http://www.healthlaw.org/pubs/200001EPSDTtrans.html

 

 

 

PRESIDENT BUSH SIGNS LEGISLATION EXTENDING MENTAL HEALTH PARITY

 

President Bush signed legislation December 2, 2002, extending the existing Mental Health Parity Act (MHPA) provisions of ERISA and the Public Health Service Act until the end of 2003. The bill brings these laws into line with the analogous provisions of the Internal Revenue Code, which were extended through 2003 last March.

The Mental Health Parity Reauthorization Act of 2002 (H.R. 5716) was sponsored by Rep. John Boehner, R-Ohio, who chairs the House Committee on Education and the Workforce. "Over the past six years, the parity law has made significant improvements in mental health coverage," Boehner said November 15 after the House passed the bill. "It did so by striking a good balance -- providing important mental health benefits to patients without placing unworkable mandates on employers."

Proponents of more expansive mental health parity legislation vowed to continue their efforts next year. "I am clearly disappointed that even with the president's backing we have been unable to get a more comprehensive mental health parity package passed this year," said Sen. Pete Domenici, R-N.M. "Another one-year extension is good to have until we resume the battle next year."

Under the existing MHPA, group health plans that provide mental health benefits may not impose annual or lifetime dollar limits on those benefits that are lower than those for medical benefits. Employers with 50 or fewer employers are exempt, as are health plans whose costs would increase more than 1 percent by complying with the MHPA.

 

 

SPECIAL EDUCATION:  NEW ODLC INTERNET LIST ON DISCIPLINE ISSUES

 

ODLC receives many inquiries about issues related to discipline in special education.  In response, ODLC is building an internet list for sharing information with a wide audience interested in this topic.  Membership in the new list is not restricted, and communication is not intended to be confidential.  Rather, it is intended to share information and answer questions of a general nature.  If you need more specific information on your particular situation, we recommend that you directly contact an office that handles these type questions regularly so that you can maintain your confidentiality.

The list contains a variety of options:

  • you can upload files to the list  (some folders are already created)
  • you can include your favorite links in the list  (some folders are already created)
  • add upcoming events to the calendar
  • develop databases -- for contacts, phone books, etc.
  • chat -- maybe we could schedule a regular time for conducting questions & answers

INSTRUCTIONS FOR LIST:
Subscribe:  discipline_sped-subscribe@yahoogroups.com
Post message: discipline_sped@yahoogroups.com
Unsubscribe:  discipline_sped-unsubscribe@yahoogroups.com


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