Worsening Healthcare Options

Today's Wall Street Journal has two articles that, combined, point out what persons with disabilities have to face in regards to health care, even under the health care reform.

In the article, "Defining ‘Essential’ Care", http://on.wsj.com/gsFPE6, it’s made clear that "essential" means one thing to regulators and another to persons with disabilities. In these cases, the private insurers get to determine what is essential. Anything that doesn't fit into that definition will not be covered. When you realize the low expectations that people have of persons with disabilities and the perception of low quality of life, this is incredibly frightening. Right now, our options are pretty limited to impoverishing ourselves and going on Medicaid.

That brings us to the second article, "Governors Scramble to Rein in Medicaid", http://on.wsj.com/exfTNH, which addresses the pressures that state governments face in regards to Medicaid costs. Since the only option for persons with disabilities has been to impoverish ourselves to go on Medicaid, how do you expect these cuts to affect us?

It is really time for a radical change in disability policy. If this doesn't happen soon, persons with disabilities will just have to go into nursing homes and other institutional settings, causing an even further drain on budgets.  So much for equality.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

 

What Do You Mean?

What does it mean when somebody says, "You're okay?" I cannot say how many times people say that to me when I am anything but okay.

When I'm in the gym locker room getting dressed, sometimes somebody starts reaching for the locker above mine. Having been taught manners by my mother, I say something like, "Please let me get out of the way." The answer invariably comes back, "No, no. You're okay." And the person continues to hang over me reaching for the locker.

How could she say I was okay when I was anything but? Sitting in a wheelchair makes a person short, but it doesn't render a person stupid or incapable of moving out of the way. Sitting in a chair puts a person at a difficult height in relation to other people's body parts. (You know which ones I mean.)  In the gym locker room, those body parts are either sweaty and in need of showering or wet and naked. In no way is that comfortable for me or anyone else in my position. I am okay? No I'm not!

In another frequent scenario, somebody wants to walk by and, instead of asking me to move, starts to climb over me and my chair. I always say, "Please let me move." Again I get the answer, "No, no. You're okay" as the person continues to climb over me. Again, that brings me way too close to those body parts that don't belong that close. I am okay? No way!

When I offer to get out of the way, I'm being polite. I'm really not looking to find out whether or not I'm in your way. I’m telling you I don’t want you climbing over me.  Persons in wheelchairs can move. That's the purpose of the wheels on the chair.  So, give us a break. Don't put us in a position that you wouldn't want to be in yourself.

Next time you're tempted to tell a person in a wheelchair, "You're okay," realize that what you're really saying is, "You're not in my way." You really mean that you're okay.

Give us a minute to get out of the way.  Then we will be okay.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

Healthcare Access Is Not Just Insurance

When the topic of access to health care comes up, the discussion usually revolves around insurance and who is going to pay for services. For persons with disabilities, that is a very real problem since many persons with disabilities are not employed. Even those who are employed are often not eligible for insurance because of pre-existing conditions. The only solution for members of this population is to self insure or to impoverish themselves to become eligible for Medicaid.

But, there is an even more pressing problem with access to healthcare for persons with disabilities. Once inside the door, actual physical access becomes a problem. In many older buildings, doors, and sometimes even resetrooms, are not wide enough to accommodate wheelchairs. Some buildings -- and these are not necessarily old buildings -- are built with rooms that are so small that furniture has to be moved to fit a wheelchair in the exam room. Talk about an awkward situation!

But that's still not the worst thing. How does one get onto an exam table that is 3 feet high? If a person can't stand, how does that person get weighed? And how accessible is medical testing?

The federal Americans with Disabilities Act is 20 years old. Persons with disabilities are a growing population.  Health care providers are seeing persons with disabilities in settings that they never saw them before.

We need to find a way to create true access.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

Argo Challenge

A group of sailors with disabilities is looking to conquer one of the most prestigious challenges in sailing. The Argo Challenge has announced its campaign to fund an international crew of sailors with and without disabilities in the America's Cup.

With such sailing greats as Lars Grael, an Olympic sailor from Brazil, Keith Burhans and John Ruf, Paralympic sailors from the US, and Paul Ryan, Paralympic sailor from Ireland, and others, the message is clear: Sailors with disabilities can compete against anyone.  Their motto is WeCanUCan.

Sailing is a sport that is inclusive and the Argo Challenge is out to prove to the world that, with a little bit of modification, athletes with disabilities are athletes who have what it takes to compete on equal terms.

The first challenge will be to raise enough money by March 31 deadline. The second will be to design the boat be fast enough and still accommodate the varying abilities and crew. Check out their website at http://www.argochallenge.com/.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

CVS to Make Stores More Accessible

The Equal Rights Center and CVS/Caremark have announced their initiatives to make CVS stores more accessible. http://www.equalrightscenter.org/site/PageServer?pagename=pr_10_12_2 

A group of individuals with disabilities had approached the Equal Rights Center because they had not been able to gain access to the goods and services in the CVS stores. The issues included inadequate accessible parking, narrow aisles, merchandise and other clutter in the aisles, high counters and the inability to access blood pressure monitoring stations.

The problem is not confined to CVS. Other retail outlets should take note of this settlement. The purpose of the federal Americans with Disabilities Act is to provide equal services to persons with disabilities. If your aisles are too narrow for a wheelchair to go through, if you're blocking merchandise with advertising displays, or if you are in any way making it more difficult for a person with a disability to shop in your store than it would be for a person without a disability, you are in violation of the ADA and could potentially be sued by such a group.

I have personally encountered this problem in many retail stores and the list of excuses is endless.

The Americans with Disabilities Act is more than 20 years old. It's time to get with the program.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

Why Park Close to the Door at the Gym?

Can anybody tell me why it's so important to park near the entrance at a gym? You would think that people going to the gym would find a few extra steps a good warm up or cool down for their exercise program, right? After all, they are there to exercise, right?  Parking close seems to defeat the purpose of exercise.

So, why do so many park in the accessible parking places at the gym? Are they short on time? Are they in a hurry to work out? Or, do they believe, like George Carlin did, that persons with disabilities don't go to the gym?

Truthfully, I always find it puzzling why so many people feel they are entitled to park in accessible spots. The excuses they give offer no clue:

·         I’m only going to be a few minutes.  (So?)

·         There were other handicapped spots available. (As long as you get one, what do you care?)

·         I didn’t know it was a handicapped spot. (Couldn’t see the little blue sign.)

·         I would have come out and moved if you told me you needed it. (Think about that one.)

·         I have a heart condition.  (Said while jogging away.)

·         Got more?

I think we should have a contest for the best excuse.

Back to the original question – why park near the door at the gym?  I can’t think of a good reason. Can you?

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

Tax Credits for Compliance with ADA

You need to modify your doorway and build a ramp to make your business accessible. Money is tight. How can you afford it?

You found the perfect employee, only you need to buy expensive software to accommodate his disability so that he can do the job. You're not sure that the expense is in the budget.

You run a tour company and you periodically have customers who are deaf and require an interpreter. The cost is not included in the ticket price.

You need to buy an accessible examination table for your medical office. It will cost you a lot more than a regular exam table. You're already dealing with reimbursement problems. How are you going to manage this as well?

Did you know that the government will help you? That's right. There is a 50% tax credit for barrier removal when you're making your business more accessible to persons with disabilities. Here's how it works:

If you have a small business with a total of $1 million or less in the previous tax year or 30 or fewer employees, this credit can cover 50% of the eligible expenses up to $10,250 per year, for maximum tax credit of $5000 per year. If you have additional expenses, there is a tax deduction of $15,000 per year available to all businesses for barrier removal.

There are additional benefits, of course, to making your business accessible. Not the least of these is simply an increase in business. Businesses that are accessible, especially those that use persons with disabilities in their advertising, are viewed by all potential customers as friendlier. So, the increase in business is not just the increase due to the number of people you can serve who have disabilities. The increase includes families, friends and the average customer on the street that sees you being more inclusive.

The form is a simple one as you can see by the one attached here. So, let Uncle Sam help you comply with the federal Americans with Disabilities Act. Everybody will win.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

Raise Your Expectations

One of the reasons that the federal Americans with Disabilities Act has not resulted in a better employment outcome for persons with disabilities is that expectations of persons with disabilities are so very low. Sometimes these low expectations come from the employer, sometimes from the employee, and sometimes even from diversity professionals.

On a number of occasions, when talking with human resource professionals about hiring persons wtih disabilities, the question that gets asked is, "We are a -- -- -- (fill in with any industry you like). What could we hire a person with disabilities to do here?"  Low expectations!

Of course, that's the wrong question. Nobody hires because of a disability. It wouldn't make sense for any employer to focus on hiring disability. What the employer should do is look for the talent that can do the job that they need done and just not discriminate against persons with disabilities in that search. I know persons with disabilities who are doctors, lawyers, college professors, debt collectors, clerical staff, kitchen help, etc. Clearly the person who's unaware of what a person with disability can do has very low expectations. Such a person should raise his or her expectations, hire a person for his or her ability and, if there is a disability, accommodate that disability.

Some of the least successful job candidates are hampered by the same view. When counseling job seekers, I regularly ask what type of job they're seeking. I'm usually looking for a statement about goals and abilities. Sometimes, however, I get a response like, "Whatever kind of job I can get with my disability."  Low expectations!

Again, the emphasis is on the wrong thing. I try to explain that nobody is going to hire the disability. Businesses are in business to make money. They will give to charity, but that has nothing to do with their hiring practices. I remind these job seekers that they need to focus on selling their skills and abilities. Any employer can accommodate a disability, but they want to hire ability.

I attended a diversity forum. The panelists were all seasoned professionals, experts in their field. Not one of the experts addressed the issue of persons with disabilities. During the question-and-answer period, I asked what their plan was for including this population. Their only response was to create call centers. That's right, they thought the answer was to create jobs for persons with disabilities. In my usual shy way, I continued to press the issue, asking what they would do about a job candidate who had skills and experience and was professional. The only response they could think of was to arrange a way for that person to work from home. Low expectations.

If even diversity professionals don't get it, what chance do we have?

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

More on Self-Disclosure

The day after my last post, Diversity Inc. had a posting by Bob Gregg that emphasizes how complex the issue of disclosure is. Bob Gregg is a partner in Boardman Law Firm and periodically summarizes diversity-related legal cases. This posting summarized two ADA cases related to self disclosure of disabilities in employment.

In the first case, Trammell v. Raytheon Missile Systems, the plaintiff failed to inform the company of his arrest for larceny because he failed to pay $30,000 in casino debts. When the truth came out, he was fired for failing to report the arrest as required by company policy. At that point, he tried to claim that his gambling addiction was a result of depression, and, therefore, covered under the Americans with Disabilities Act. The court ruled that it was an unsubstantiated effort to get around the exception for the gambling addiction, since gambling is not considered a disability under the ADA. His claim was dismissed.

It's interesting to ponder what would have happened had the plaintiff disclosed during the hiring process that he had been diagnosed with depression. Certainly, claiming to be depressed after disciplinary action had been instituted was not helpful to him. I can't think of one employer who would not resist a claim if disclosure came about that way.

This kind of case is bad for all people with disabilities since many employers already think that all persons with disabilities are just trying to get away with something. When people use the ADA as a way of dealing with other problems, it seriously sets back our cause

In the second case, Legatta v. Penn Cyper Charter School, as soon as the plaintiff disclosed a diagnosis of bipolar, she was fired for insubordination after a couple of minor offenses. Other employees who had more serious infractions were not disciplined. In light of the timing of the firing along with the unequal treatment, the court concluded that it was discrimination.

That is the kind of act that the ADA is supposed to prevent. However, that form of discrimination is a concern for those do not disclose their disabilities.

To disclose or not disclose, it is really a tough call. If you disclose your disability you may run into discrimination, but if you don't, you don't have the right to hide behind a disability.

 

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude