|
PROTECTION & ADVOCACY |
|
|
Oklahoma Disability Law Center, Inc. |
March, 2001 |
Census
for Oklahoma Delivered
CENSUS BUREAU DELIVERS OKLAHOMA'S CENSUS
2000 POPULATION TOTALS FOR LEGISLATIVE REDISTRICTING; FIRST RACE AND HISPANIC
DATA
The U.S. Census Bureau today delivered to Gov. Frank Keating and the majority and minority leaders of the state legislature the official Census 2000 Redistricting Data Summary File for Oklahoma that, under Public Law 94-171, could be used to redraw federal, state and local legislative districts.
The census data allow state officials to realign congressional and state legislative districts in their states, taking into account population shifts since the last census (in 1990) and assuring equal representation for their constituents in compliance with the "one-person, one-vote" principle of the 1965 Voting Rights Act. These data also are the first population counts for small areas and the first race and Hispanic-origin data from Census 2000.
The redistricting data were not adjusted to reflect estimates of census coverage error measured in a nationwide, post-census survey of about 314,000 housing units called the Accuracy and Coverage Evaluation (A.C.E.) Survey.
By April 1, all 50 states and the District of Columbia will receive these data for the following areas: state, current congressional districts (for 106th Congress), counties, minor civil divisions, places, census tracts, block groups and blocks, and, if applicable, American Indian and Alaska Native areas and Hawaiian home lands. States that participated in the Census Bureau's voluntary Voting District Project also will receive these data for the voting districts and any state legislative districts whose boundaries they provided.
Race and Hispanic
Data
As the result of revised standards for collecting data on race and ethnicity issued by the Office of Management and Budget (OMB) in 1997 (see http://www.whitehouse.gov/omb/fedreg/ombdir15.html), Census 2000 was the first national census in which the instructions for respondents said, "Mark one or more races." Respondents who reported only one race are shown in six groups: the five groups identified in the OMB standard (White; Black or African American; American Indian or Alaska Native; Asian; and Native Hawaiian or Other Pacific Islander) and a "Some other race" category. (In 1990, Asian and Pacific Islander was a single OMB race group.)
Respondents who selected more than one of the six race groups are included in the "Two or more races" population. There are more than 50 possible combinations of the six race groups.
The Census Bureau included the "Some other race" category for responses that could not be classified in any of the race categories on the questionnaire. The vast majority of people who reported as "Some other race" were Hispanic or Latino. Data on Hispanics or Latinos, who may be of any race, were obtained from a separate question on ethnicity.
How to Find Assistance
Additional information about the redistricting program, including news releases for other states, may be found on the Internet at http://www.census.gov/clo/www/redistricting.html. Besides being able to access the detailed tables on the Internet, users may also purchase them from the Census Bureau on CD-ROM and later on DVD. (The six custom tables attached to this news release are available only as part of the state news releases.)
For further information about Oklahoma's Census 2000 redistricting data, contact: Customer Services Center, U.S. Census Bureau, 301-457-4100; e-mail: webmaster@census.gov; Redistricting Data Office, U.S. Census Bureau, 301-763-0253 or 0254; e-mail: rdo@census.gov; Census Bureau Regional Office, Kansas City, 913-551-6711; e-mail: kansas.regional.office@census.gov; Oklahoma State Data Center, 405-815-5184; E-mail: jeff_wallace@odoc.state.ok.us.
Comparisons with 1990
While allowing respondents to report more than one race adds
to our knowledge about the racial diversity of the United States, it also
means that data on race from Census 2000 are not directly comparable with
data from 1990 and previous censuses (Table 4). Other factors also affect
comparability of 1990 and 2000 data on race. For example, in Census 2000,
the question on Hispanic or Latino origin was placed before the question on
race, but in 1990 the order of these questions was reversed. This may have
affected reporting on both questions. Factors such as changes in question
wording or format, improvements in the way the Census Bureau counted people
and better methods to process information also could affect comparability
MEDICAL ASSOCIATIONS FILE FEDERAL LAWSUIT
IN FLORIDA ALLEGING RICO VIOLATIONS BY HMO
Three state medical associations filed an amended federal lawsuit in Florida alleging that HMOs have violated racketeering laws by exploiting the services of physicians. In the suit, the medical associations of California, Georgia and Texas, representing about 80,000 doctors, allege that eight major managed care companies have violated the Racketeer Influenced and Corrupt Organizations Act, or RICO.
For full story go to: http://managedcare.medscape.com/reuters/prof/2001/03/03.28/20010327legl001.html
COURT RESTRICTS REACH OF ADA – NAPAS STATEMENT
The U.S. Supreme Court ruled Feb. 21 by a vote of 5-4 that state workers with disabilities cannot sue their employers for monetary damages under the ADA. State workers can still sue for injunctive relief. The ruling pertains only to Title I of the ADA, which deals solely with employment.
"While people are angry and scared, we want to get the message across that the ADA can still be enforced, and that the administration should work to enforce it," says Jim Ward, director of public policy for the National Association of Protection and Advocacy Systems. Ward spearheaded a meeting of 40 disability advocacy organizations within 45 minutes of the ruling being announced. "One of the things we want to do is get the administration to take a stand on this. The ADA was signed by President Bush's father, so we'd like him and [Attorney General] Ashcroft to say they will strongly enforce the ADA."
Department of Justice Director of Public Affairs Mindy Tucker says, "The Americans with Disabilities Act was a landmark civil rights act and the Department of Justice remains committed to strongly and energetically enforcing the ADA."
The case involved two Alabama state employees--Patricia Garrett, a registered nurse with breast cancer, and Milton Ash, a corrections officer with severe asthma. Both experienced discrimination on the basis of their disabilities. The court's ruling pitted an individual's right to equal treatment (14th Amendment) against a state's right of immunity from being sued for damages, as guaranteed by the 11th Amendment. The full opinion can be found online at FindLaw.com. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=99-1240
NEW FEDERAL GUIDE ISSUED FOR PEOPLE WITH DISABILITIES
SEEKING TO MOVE FROM BENEFITS ROLLS TO WORK
Three federal government agencies released a new guide explaining rights under the Americans with Disabilities Act (ADA) that apply to individuals with disabilities who are receiving Social Security disability benefits but who want to become employed. The document, entitled A Guide for People with Disabilities Seeking Employment, was the result of a joint effort involving the Social Security Administration (SSA), the Equal Employment Opportunity Commission (EEOC), and the Department of Justice (DOJ).
"The new guide is significant because it will help benefits recipients with disabilities, many of whom may be new to the workplace, understand their rights to be free from employment discrimination," said EEOC Chairwoman Ida L. Castro. "This collaborative effort by the federal government will bring about tangible results by assisting people with disabilities enter the workforce at an increasing rate."
The guide sets out the ADA's key provisions, including the definition of "disability" (which is different under the Social Security Act), and an employer's obligation to make "reasonable accommodation" for applicants and employees with disabilities. The guide also explains the process for filing a charge with EEOC if an individual believes that his or her rights under the ADA have been violated.
"It is important that these individuals who are returning to work, some after long periods out of the workforce, understand their rights under the ADA. This guide demonstrates our agencies' ability to work together to ensure that these individuals re-enter the workforce knowledgeable about their ADA employment rights," said William R. Yeomans, DOJ's Acting Assistant Attorney General for Civil Rights.
"This guide provides practical information for Americans with disabilities who want to return to work," said Ken McGill, SSA's Associate Commissioner for Employment Support Programs. "We are committed to providing timely, accurate and easy-to-understand information to our customers as we implement each phase of the Ticket to Work and Work Incentive Act."
The SSA will make more than 150,000 copies of the guide available, in English and Spanish, to recipients of Social Security disability benefits seeking employment. Additionally, EEOC and DOJ also will offer a limited number of copies of the guide upon request. The text of the guide, as well as further information about EEOC (http://www.eeoc.gov), SSA (http://www.ssa.gov/work), and DOJ [http://www.usdoj.gov/crt/ada), is available on the respective web sites of the three agencies.
Report Offers Key to
Successful Transition From Jail to Community For People With Serious Mental
Illnesses
A new report by the Bazelon Center for Mental Health Law, FINDING THE KEY TO SUCCESSFUL TRANSITION FROM JAIL TO COMMUNITY, examines why many people with serious mental illnesses cycle in and out of criminal justice facilities and discusses how state and local officials can reduce this type of recidivism. As many as 16 percent of all jail inmates have a severe mental illness, according to the U.S. Department of Justice. Many were arrested for reasons related to their unmet needs for mental health or addiction treatment and for housing, the report points out, and are likely to be rearrested soon after their release if these needs remain unmet. The 12-page booklet explains how criminal justice officials and mental health program staff can assist jail inmates in qualifying for the federal Medicaid and disability benefits that will enable them to meet these needs. "Whether because relevant federal rules are not well understood or because state implementation of them is problematic," the introduction notes, "many people with severe mental illnesses unnecessarily lose their federal entitlements while in jail. Others who could qualify do not apply because they lack timely assistance from jail personnel or community mental health providers to file an application." The Bazelon Center report describes the federal programs' complex and interrelated rules and suggests policy options for states and localities to use them more effectively. For a copy of FINDING THE KEY, send check or Visa/MasterCard authorization for $3 plus $2 postage and handling to Publications Desk, Bazelon Center, 1101 15th Street NW, Suite 1212, Washington DC 20005-5002 or order from Bazelon Center's online bookstore at http://www.bazelon.org. For information about bulk discounts, email pubs@bazelon.org or fax 202-223-0409. The main text can also be downloaded from http://www.bazelon.org.
The Joint Commission on Accreditation of Healthcare Organization's (JCAHO's) joint Commission Resources subsidiary has announced the availability of The 2001 Self-Assessment Checklist for Hospitals, a book that hospital facilities can use to gauge compliance with JCAHO standards. Questions in the guide are designed to help readers identify areas of non-compliance, note actions needed, indicate responsible parties and track progress toward compliance. The guide covers revised standards on restraint and seclusion; medical staff; patient and family education; management of information; and management of the environment of care. The guide is available for $65. To order, (using order code HSAC-01) contact the Joint Commission's customer service center at 630-792-5800, or visit http://www.jcaho.org.
SCUBA DIVING AND THE ADA
Go to this website: http://www.gulftel.com/~scubadoc/archapr3001.html
Scroll down until you reach the article which starts as: "Terry Rioux asks about ADA and scuba diving"
Information taken from the article:
"Open Waters," describes themselves as a federally funded project committed to expanding scuba diving and related opportunities for people with disabilities. The address of this group is:
Open Waters
c/o Alpha One
127 Main Street
South Portland, ME 04106
1-800-640-7200
They have a book "Scuba Diving is for Everyone A Guide to Making Scuba Diving Training Accessible to People with Disabilities" which they'll sell you for $40.00.
STATE PARITY TRACKING REPORT
This new online service from the National Alliance for the Mentally Ill provides the most current information on all state parity legislative efforts. The report is updated every two weeks and gives detailed information on health insurance parity bills introduced in the 2001 legislative session, including summaries of bill and their current status. http://www.nami.org/update/sparity.html
This page created by: