News...![]() |
from the New York State Assembly Task Force on People with Disabilities |
|
|
|
|
The New York State Assembly Task Force on People with Disabilities and the Committee on Mental Health, Mental Retardation and Developmental Disabilities co-sponsored the annual Legislative Disability Awareness Day (LDAD) on May 17, 2006 in Albany. At this event, Rob Davies, CEO of Disability Access 4 Me, was presented with the annual “Dr. Henry Viscardi, Jr. Advocacy Award,” which was created last year to honor individuals in the name of this legendary activist and supporter of disability rights. Over 50 organizations that serve the disability community displayed exhibits to provide information and demonstrate the services and opportunities that are available to people with disabilities. In addition, four seminars on issues of interest to people with disabilities were also held. The seminars were held on: “Navigating the Medicare Part D Benefit and Wrap-around Coverage,” “Housing for People with Disabilities,” “The Criminal Justice System’s Interaction with People with Mental Health Issues” and “Implementing Election Reform in our Local Communities.” 2006 LDAD Legislation Agenda As part of LDAD tradition, the Assembly passed a package of legislation aimed at making the lives of people with disabilities easier. This year’s legislative package included:
|
Public Accommodations Bill Passes Both Assembly and Senate, Vetoed by Governor |
Unfortunately, a bill passed by both the Assembly and Senate (A.7294/S.5074) to secure protections currently offered under Title III of the Americans with Disabilities Act (ADA) in state law was vetoed by the Governor. This action has strongly disappointed much of New York’s disability community. The ADA, signed into law in 1990, was hailed as a great victory in the movement to protect and enforce civil rights for people with disabilities. . .and it was. However, since its inception, the ADA has been virtually ignored by many of the entities that it targets. Specifically, many areas of public accommodation have still not come into compliance with the ADA’s requirements, leaving people with disabilities literally out in the cold. In addition, the scope of the ADA has been under scrutiny for quite some time through recent U.S. Supreme Court cases. Some of the recent legal attacks may have weakened the ADA, yet protections against disability discrimination need to be increased, not decreased. While states have no jurisdiction over federal acts, it has become a mission of the disability community to require that the rights and responsibilities enunciated in the ADA become enforceable state protections and obligations as well. Because the federal government has not devoted many resources toward ADA enforcement, providing state enforcement mechanisms through the Human Rights Law is essential to ensure that public accommodations become and remain accessible and available to people with disabilities in New York State. We are dismayed that the Governor cannot see the importance of this measure, but will maintain our commitment to this issue when a new administration arrives in January. |
The majority of legislation related to disabilities passed the Assembly in honor of Legislative Disability Awareness Day. Other measures of importance to people with disabilities that passed this session include:
|
After two public hearings on delays in funding of durable medical equipment for people with severe disabilities, one held in July of 2005 and one held in November of 2005, the Assembly Committee on Health, the Committee on Oversight, Analysis and Investigation and the Task Force on People with Disabilities have issued a report entitled “Delaying Necessities, Denying Needs - An Assembly Investigation of New York State’s Handling of Medicaid Durable Equipment Claims.” The results of these two public hearings were both very enlightening and disturbing. Several testimonies described how the New York State Department of Health (DOH) has violated many of its guiding regulations. It was also determined that DOH should have clear guidelines so that applicants know what information to provide when requesting funding; but it does not. The Department of Health’s job is to approve specific funding requests if ordered by an approved provider and are proven to be medically necessary and appropriate. Only a DOH health care professional within the same medical profession should be allowed to deny or modify a treating practitioner’s order or prescription. However, these hearings revealed that DOH reviewers (generally nurses and physical therapists) often deny medically necessary items ordered by physicians, and regularly change requested items to less expensive, inappropriate items that are ill-suited for the patient. Furthermore, it was discovered that DOH is supposed to issue determinations within 21 days, but despite having installed a new, costly computer system, it is not capable of monitoring this and, in fact, it seems the department is engaging in deliberate measures to stop the clock. To read all of the findings that were discovered at these two hearings and to look at the Assembly’s recommendations, view the entire report, click here. |
![]() |
|
|
![]() |
![]() |
|
|
New York State Assembly [ Welcome Page ] [ Task Force Updates ] |