Greetings to Friends and Supporters of the Arizona Center for Disability Law

 

Thank you for the opportunity to share information with you about some of the great work the Arizona Center for Disability Law (Center) does each and every day.  If you have ideas for updates or issues you would like us to address, please let me know.  You can reach me at lcohen@acdl.com.

 

Before I report on some of the tremendous success we have had, I wanted to take a moment to let you know that I have decided to step down as Executive Director of the Center effective October 21, 2005.  My work at the Center spans over 10 years and has been enormously gratifying.  I have been privileged to have had the opportunity to lead this organization and am proud of our success.  It is time for me to move in a different direction and allow a new Executive Director to take the lead in the fight for equality and independence for people with disabilities in Arizona.  Our Board of Directors has begun a national search for my replacement with the hopes of having a new Executive Director appointed by the time I leave at the end of October.  I will introduce you to the Center’s new Executive Director once the Board has made their selection. 

                       

ADA 15 years Old

 

Probably one of the most life-changing experiences I have been able to witness in my time at the Center is the historic passage and implementation of the Americans with Disabilities Act (ADA).  The ADA was enacted 15 years ago this July 26^th.   This was a revolutionary law, coming 26 years after passage of the Civil Rights Act which protected individuals from discrimination on the basis of race, color, national origin, religion, and sex.   The simple language prohibiting discrimination against persons with disabilities affecting one or more major life activities has made our communities more welcoming to people with disabilities.  For example, service animals are rarely turned away from restaurants and hotels; ramps and accessible parking spaces are common sights; and disabled persons are entering the workforce in greater numbers.  Yet, there are real threats in Congress and the Courts to limit the reach of the ADA.  Some Members of Congress have introduced the ADA Notification Act, a bill that would limit an individual’s right to sue businesses for discrimination until the person with a disability has complied with a complex notice and right to cure provision.  In a case wending its’ way to the Supreme Court next term, the Court will be asked to decide if a state prisoner in a wheelchair can sue the state for damages caused when he was placed in an inaccessible prison cell with no room to turn and no accessible toilet or shower facility.  The outcome of these cases will tell the future of enforcement efforts under the ADA. 

 

We must remain vigilant in ensuring that the promise of the ADA remains a reality.  We all look to the day when the ADA will not be necessary.  Maybe on the ADA’s 30^th Anniversary?  Until then, we have a lot of work to do.

                                               

Celebrate 10 Years of Expanding Rights and Opportunities

 

I want to invite all of you to attend the Center’s 10^th Anniversary Celebration in Phoenix on October 20.  As you know, the Center has worked each and every day over the last 10 years on issues of vital importance to the disability community such as access to mental health and health care services, providing children with special education, employment opportunities for persons with disabilities, fair and affordable housing and ensuring persons with disabilities are free from abuse and neglect.  To commemorate 10 years of expanding rights and opportunities, we are holding a reception at the law firm of Perkins, Coie, Brown and Bain on October 20 from 5:30 p.m. to 7:30 p.m.  Perkins, Coie, Brown and Bain is located at 2901 North Central Avenue in Phoenix.  This will be an opportunity to meet with friends and colleagues to celebrate our achievements over the years as well as to raise money for our important work through a silent auction.  I hope you will join us to celebrate this 10-year milestone.  For more information, contact Kris Stocking at (602) 274-6287 (Voice/TDD) or kstocking@acdl.com.

                                                           

People with Disabilities to Receive Improved Paratransit Service in Tucson

Settlement Agreement Reached in Preston v. City of Tucson

 

On July 8, 2005, U.S. District Court Judge John Roll approved a Settlement Agreement between the Center and the City of Tucson (City) ending a class action lawsuit filed against the City over three years ago.  Plaintiffs in this case are individuals with disabilities who utilize Van Tran, the City’s paratransit service.  The Center brought the lawsuit after receiving numerous complaints about poor service including: numerous denials of requests for paratransit rides; denial of next-day paratransit service; too early or too late pick ups on a substantial number of occasions; excessive trip lengths; and refusal to schedule paratransit rides at the time of request.  Paratransit is a comparable public transit service required by the Americans with Disabilities Act (ADA) for persons with disabilities who are unable to ride the city bus system because of their disabilities.  Van Tran is presently managed for the City by PTM Paratransit of Tucson, Inc.

 

The Settlement Agreement provides for:

- Jurisdiction by the U.S. District Court to enforce the terms of the settlement agreement.

- Performance standards for trip denial rates, on-time pick ups and trip lengths.

- Annual Center input in the City’s paratransit budget and planning process.

- Submission of monthly compliance reports to the Center to verify operating performance.

 

The terms of the Settlement Agreement are effective immediately.

                                                           

Class Action Lawsuit Challenges Denial of Medically Necessary Incontinence Briefs

 

Nicholas Igras is 9 years old and lives with his family in Scottsdale.  Nicholas has profound Autism, mental retardation and is non-verbal.  He is incontinent of bowel and bladder and requires medically necessary incontinence briefs which the Arizona Health Care Cost Containment System (AHCCCS), Arizona’s Medicaid system, will not cover. 

Rachel Ekloff lives in Tucson with her family.  Rachel is 10 years old and has been diagnosed with severe, low-function Down Syndrome, sensory integration disorder, hypothyroidism, hypotonia and severe eczema.  She is incontinent of her bowel and bladder as a result of her disability and requires medically necessary incontinence supplies which AHCCCS denied.

Both children, including several others, are part of a class action lawsuit the Center filed against AHCCCS on June 22.  All of our Plaintiffs are children with disabilities who are recipients of state Medicaid services and need incontinence briefs because of their disabilities.  Currently, AHCCCS will not cover incontinence briefs for children with disabilities unless the child has experienced skin breakdown, sores or infections. 

 

The Center does not believe that children with disabilities should have to wait until they develop skin breakdown and infection before they get the supplies they need.  This is a cruel policy that is contrary to federal Medicaid law and must be changed.  Research conducted by Center staff indicates as many as 40 other states supply incontinence briefs for Medicaid recipients.  We have filed this class action to force a change in Arizona policy.

                                               

Center Wins Administrative Decision to Force DDD to Offer Better Transportation Rate

 

For 13 years, Keli Gregory, a 44 year old woman with Down Syndrome, attended Community Counseling Center, a day treatment program, and worked at the Winslow Goodwill Store.  Winslow is 41 miles north from her parent’s home in Clear Creek Pines.  The employment and treatment program are part of Keli’s Individual Service Plan (ISP).  The ISP is a written personal plan, or blueprint, for a person with developmental disabilities that details her aspirations in life and what Medicaid services will help her achieve them.  Keli is enrolled in AHCCCS and receives AHCCCS services through the State Division of Developmental Disabilities (DDD). 

 

In July 2003, Keli’s ability to live independently in the community was threatened when DDD published a new rate schedule for transportation.  She relies on DDD to provide her with transportation to her job at the Goodwill Store and to her day treatment program.  DDD’s new rate schedule was now less than half of the old rate and Community Counseling Center discontinued Keli’s transportation.

 

The Center represented Keli in an administrative appeal of the new DDD transportation rate. 

On June 16, AHCCCS ruled that DDD must provide a rate for transportation, a Medicaid covered service, that will ensure that consumers actually get transportation.  The decision found that DDD’s new rate violated federal law and its contractual requirements to AHCCCS because the rate failed to ensure that members have equal access to services as people living in the community.

 

While the decision fixes the problem for Keli, we believe that transportation problems still exist in small pockets around the state.  This decision will help the Center ensure that there is a fair rate system statewide when other clients call us with problems similar to Keli’s.

           

New Staff

 

I am pleased to introduce you to four new staff members at the Center. 

 

Theresa Englander is our new investigator, focusing her efforts on abuse and neglect.  Theresa has previously worked as a psychiatric technician, case investigator and police officer.

 

Patrice Gilloti is our Managing Attorney for our Mental Health Team.  Patrice brings a wealth of litigation experience in private and public practice.  She worked as a paralegal before entering law school and has served as a staff attorney in the public benefits program at  Camden Regional Legal Services in New Jersey and litigation associate at several law firms in New Jersey, California and Pennsylvania. 

 

Alex Navarro joins our support staff focusing her work on our Mental Health Team.  Alex is a trained Paralegal and previously worked for 5 years at the Arizona Department of Behavior Health Services.

Melissa Tubman joins our staff as an Advocate on our Mental Health Team.  Melissa brings with her 5 years of experience as a paralegal from the Community Legal Aid Society, Inc., (CLASI), a non-profit public interest law firm located in Dover, Delaware.  At CLASI, she served the needs of the disabled, indigent and elderly where she brought administrative appeals on behalf of clients with disabilities before the Social Security Administration.

 

Fiscal Year 2006 Priorities

                       

Every day, the number of requests for our services far exceeds our available resources. In recognition of the limited resources of the protection and advocacy (P&A) systems, the P&A's must develop priorities for case selection each year. Our federal authorization further requires that P&A's solicit public comment on priorities and activities. Center staff have begun to work in conjunction with the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Advisory Council, our Board, the Governor’s Council on Developmental Disabilities, the Institute for Human Development at Northern Arizona University as well as consumers, self-advocates and family members to develop priorities for Fiscal Year 2006 (October 1, 2005 - September 30, 2006).  You can view this year’s priorities on our website at www.acdl.com/priorities.html.   Our 2005 priorities will serve as a foundation for planning for 2006.  We welcome any comments you may have regarding our 2005 priorities as your input will help us in planning for next year.  We will send you a notice once the priorities have been drafted as we value your comments so that we can better be able to respond to the needs of persons with disabilities in Arizona.

July - September Training Calendar Released

 

The Center has just released our training calendar for the next quarter.  Please be sure to visit our website at www.acdl.com/training.html to view our current offerings.  Because of the limited space, you must have a reservation in advance and notify us as soon as possible if you are unable to attend. If you need any special accommodations, please let us know as early as possible as well.

 

Leslie J. Cohen
Executive Director
Arizona Center for Disability Law
July 2005