Simon’s Law – Now in Congress – Would Prohibit Unilateral DNR Orders

From MFB: For Complete Post, click here…

A growing number of states have been enacting Simon’s Law, including Alabama, Arkansas, Arizona, Georgia, Idaho, Iowa Kansas, Missouri, South Dakota. These laws typically prohibit medical providers from adding a DNR to a minor’s medical chart without parental consent. 

Now a bill (H.R. 5656) has been introduced in Congress. This bill:

Requires providers to inform at least one parent or legal guardian of a physician’s intent to institute a DNR both orally and in writing.

Provides either parent with authority to refuse consent for a DNR.

Allows parents a 48-hour period after notification is provided before a decision is required to consent to a DNR.

Authorizes parents to request a transfer for their child to another hospital and requires providers to provide care until the transfer is completed.

Accessibility Happy Hour with Rooted in Rights!

From Rooted in Rights: For Complete Post, click here…

Rooted in Rights will be hosting a casual meet up on Wednesday, October 27 from 4:00 p.m. – 5:00 p.m. PST. Join us to chat about accessibility, share your latest project, or just hang out! Bring your questions about how to make your content accessible!

Accessibility Happy Hour will be a Zoom Meeting that will also be live-streamed to our Facebook page.

Access Information:
ASL interpreting and CART will be provided by Linguabee, a Deaf-owned service provider. Closed captions will be available in Zoom and a StreamText live transcript link will be pinned as a comment in the Facebook Live video. Active speakers and signers (including interpreters) will be spotlit in the Zoom Meeting.

Zoom Meeting information:
https://disabilityrightswa.zoom.us/j/94762514849

Meeting ID: 947 6251 4849

Passcode: 823587

Dial by your location:
+1 253 215 8782 US (Tacoma)
+1 408 638 0968 US (San Jose)
+1 669 900 6833 US (San Jose)
+1 346 248 7799 US (Houston)
+1 312 626 6799 US (Chicago)
+1 646 876 9923 US (New York)
+1 301 715 8592 US (Washington DC)

If you are calling in by phone:
Press *9 to toggle Raise and Lower Hand
Press *6 to toggle Mute and Unmute

https://www.streamtext.net/player/?event=AccessibilityHappyHour&chat=false&start=0&bgc=d9d9d9&fgc=000000

Michigan to begin changing how it funds mental health, addiction services

By Justin P. Hicks: For Complete Post, click here…

More than a dozen behavioral health clinics across Michigan will now be able to turn to Medicaid to fund its services, the same way community health centers can do for physical care.

The new avenue for funding will allow clinics that meet quality standards to expand access to services, including 24-hour psychiatric crisis services, which is expected to reduce unnecessary visits to jails and emergency rooms as a result of no community mental health services.

184- Who can you sue for nursing home neglect?

From The Nursing Home Abuse Podcast: For Complete Post, click here…

A typical nursing home neglect lawsuit is filed against several entities.

All responsible parties are named, including management companies, license holders, involved owners, and employees.

How are each of these defendants responsible for injuries? In this episode, we discuss who you can sue for nursing home neglect and why.

Michigan announces 18-month goal to remove Benton Harbor lead water lines

By Kelly House: For Complete Post, click here…

Following weeks of local criticism, state officials on Thursday announced a more aggressive plan to provide clean water for Benton Harbor residents, including an 18-month timeline to replace the city’s lead service lines following at least three years of problems with lead-tainted water.

“Every Michigander deserves safe drinking water, and every community deserves lead-free pipes,” Gov. Gretchen Whitmer said in a statement Thursday announcing the lead removal plans, adding that “we will not rest until the job is done.”

During a press conference Thursday in Benton Harbor, Lieutenant Gov. Garlin Gilchrist outlined an array of new efforts from the state, including expanded free bottled water distribution and free or low-cost water testing for Benton Harbor residents.

21-Day Disability Justice Challenge 

From United Way of the Battle Creek and Kalamazoo Region and Disability Network Southwest Michigan: For Complete Post, click here…

This 21-Day Disability Justice Challenge is made possible through the valuable partnership between United Way of the Battle Creek and Kalamazoo Region and Disability Network Southwest Michigan. Our two organizations share a vision for our community where every person is equitably supported, and all people benefit with full access and inclusion.

We all know something about disability. Whether you are a person with a disability, know someone with a disability, or have simply seen people with disabilities, we probably all have an idea of what we think it means to have a disability. During this month, we invite you to learn more about disability from a position of equality and pride. The 21-Day Disability Justice Challenge, which is modeled after our 21-Day Racial Equity Challenge. It is designed to raise your awareness, increase your understanding, and shift your perspective about disability in our culture.

The content in this Challenge will cover topics including the history of the disability justice movement, intersectionality, language, ableism, representation, accessibility, systemic inequalities for people with disabilities, allyship, disability pride, and resources for continued learning. Each day’s content includes opportunities to learn more about these topics by watching videos, listening to audio clips, reading articles, and answering discussion questions.

Accessibility: All videos included throughout this challenge are captioned. Some content includes voiceover, and some includes transcription. All images and infographics will include image descriptions. Please reach out to our team at getinvolved@uwbckr.org at any time with any questions about accessibility and/or accommodation requests.

The Disability Justice Challenge is under way as of October 1, 2021, and it’s not too late to sign up.

To begin receiving content in your inbox each day, click here. 

How does using artificial intelligence (AI) in the hiring process impact people with disabilities?

From Rocky Mountain ADA Center: For Complete Post, click here…

Introduction

Businesses implement various technologies to streamline processes and increase efficiency. One efficiency-focused technology is the use of artificial intelligence (AI). AI is computer software algorithms designed to imitate human thinking and decision-making. In recent years, AI has been used in the employee hiring process. Increasingly, AI is replacing human interaction and decision-making in tasks such as resume screening, interviewing, and hiring applicants. While AI can certainly help make these processes more efficient and take up less human time, it is not without cost. One such cost is the potential for bias and discrimination. AI discrimination affects all protected classes, but here we specifically analyze how AI can discriminate against people with disabilities in the hiring process. We begin by looking at the Americans with Disabilities Act (ADA) framework for discrimination in hiring. Then, we review several examples of AI discrimination in the hiring process and analyze why AI technology is particularly troublesome for people with disabilities.

For purposes of this report, we recognize our charge to address ADA employment discrimination case law specific to federal HHS Region 8 (the region served by the Rocky Mountain ADA Center). Unfortunately, there is no AI-specific employment discrimination case law available in the Circuit Courts that serve Region 8 so we will consider cases from other parts of the country. The major points in these cases are outlined or affirmatively recognized by the United States Supreme Court which creates binding rulings for all U.S. regions.

ADA Framework

To better understand how AI might introduce bias or discrimination in the hiring process, we first review how hiring discrimination is addressed by the ADA. The ADA maintains, “no covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees.” The Court has differentiated discrimination claims of this type by whether they are disparate impact claims or disparate treatment claims, but has held that both are addressable under the ADA.

There are several clauses in the ADA that protect applicants with disabilities from disparate impact:

The ADA prohibits:

(1) limiting, segregating, and classifying an applicant or employee “in a way that adversely affects” their opportunities or status because of their disability; (2) contractual or other relationships that have the effect of disability discrimination; and, (3) “utilizing standards, criteria, or methods of administration” that have the effect of disability discrimination.

To be successful, a disparate impact claim would need to prove that the business has violated one of the clauses. The first and third clause would likely be the easiest to prove in an AI discrimination case because AI systems generally classify and/or categorize applicants via standards and criteria coded into the AI system itself. These standards can create conditions that introduce discrimination based on disability rather than competency. For example, an applicant who uses speech recognition software for computer input may be inadvertently discriminated against by an AI system if an AI- driven application task requires timed keyboard input or is based on some measure of physical keyboard proficiency. If keyboard input speed or proficiency is directly related to an essential job function, this would be appropriate. If not, then this could be an explicit form of discrimination. Or, if an AI algorithm somehow “discerns an applicant’s physical disability, mental health or clinical diagnosis”vi this would constitute an unallowable and illegal assessment standard under federal ADA law.

To show disparate treatment, whereby “an employer treats a group of people less favorably than others because of a protected characteristic,” an applicant with disabilities must use the McDonnell Douglas proof mechanism.

What Moves Some People With Disabilities To Be Disability Activists?

By Andrew Pulrang: For Complete Post, click here…

Most people with disabilities have to be advocates at some point. We have no choice. Some later adopt it as a calling, for ourselves and others like us. A few are inspired to commit to more long-term and consequential disability activism with the potential to benefit thousands or millions of disabled people.

Activism as a way of life offers unique and valuable rewards to the committed activist. It also wears us down, both physically and emotionally. This may be even more true in particular for disability activism. It’s one of the most common avenues for building a more liberating sense of self for people with disabilities. It also regularly chews disabled people up, leaving many of us exhausted, disappointed, and demoralized. We may end up more empowered and connected in some key ways, but at the same time worn out, cynical, and alienated in others.

A wheelchair user can do all of the supposedly “right things” to get restaurants and stores in their area to install ramps and accessible restrooms. But years of good-faith, polite but persistent advocacy may still fail to bring about anything but vague promises, mild regret, and only the most minor changes. Coalitions of both professional and grassroots disability organizations may fight for decades to expand home care and end institutionalization, but continue to run into political obstacles and public indifference or misunderstanding.

How to Get On: New Pages for 2021

Home Care

Sample Care Plan for Increasing Hours 

Lilac’s Doctor’s Letter for Increasing Home Care Hours

ME/CFS

Find ME Groups on Facebook

Social Security disability

The Dazzling Disability Doctor Letter of Miss Ruby Fierce

How to Determine Rent if You Live with the Homeowner (SSI Regulations)

Disability Accommodations

Doctor Letter for Extra Bedroom for Exercise & Equipment

Patient Letter for Extra Bedroom for Exercise

Doctor letter for higher voucher

Hibiscus’ Letter for Higher Voucher

How to Use Your Housing Voucher to Rent a Room in a House

Doctor Letter for Breaking Lease Early

Orchid’s Letter for Breaking Lease Early

Dahlia’s Request for Higher Voucher

Housing

Where Can I Find a Case Worker or Advocate to Help Me With Housing?

Letter if Housing Agency Did Not Exclude Your Pandemic Unemployment Pay

Letter if Your Income Lowers and Your Housing Worker Refuses to Lower Rent

Sample Letter to Exclude Income from a Caregiver of Someone with Developmental Disabilities (HUD & Section 8)

ART

Amazing artwork on this page by Robin Mead and Elizabeth D’Angelo

Insurance companies hasten collapse of Michigan care industry for people hurt in car accidents by not paying

By Tracy Samilton: For Complete Post, click here…

ngd-This was always the point of the “improvements” in Michigan auto insurance. Once the disabled people are dead, the insurance companies will go after the trust fund…

Michigan’s nationally renowned system of care for people hurt in car accidents is breaking down. Former and newly injured people are being denied care in the chaos unleashed by the state’s new auto insurance law.

Care providers across the state say insurance companies are going far beyond what the law explicitly says they can do, and routinely delaying or denying payment for all kinds of post-accident care.

The situation is gravely jeopardizing the care, health and even lives of people like Dan Hawkins, who survived a catastrophic car crash in 1996. He’s paralyzed from the upper chest down.

“I can just sit in bed, but I need another human being to roll me, dress me, transfer me to a Hoyer lift, help me with food, drinking….” said Hawkins.

After the accident, Hawkins’ insurance company, Farmers Insurance, paid for 24/7 home care. But the new auto insurance law lets insurers like Farmers cut payments for home care below the cost of providing the care, as of July 1.

John Beattie said in reality, it’s even worse than that. He’s director of Inspire Home Care, the company that provides Hawkins’ home care aides.

In Hawkins’ case, “we have not been paid one cent for services since July 1.”

Beattie said the fee cuts in the new law will force him to stop providing care for all 38 of his company’s severely injured auto accident survivors. But insurance companies are speeding that day up by paying nothing at all.

The message Hawkins says this send to him, and other people needing care? “You don’t matter anymore.”

Across Michigan, at least 700 injured people have already lost care, according to the Michigan Brain Injury Provider Council.

Like the ventilator-dependent patient who had to be dropped off at a local hospital because his home care agency closed, and he had nowhere else to go.

A severely injured single mom whose children are trying to care for her when she lost her aides.

A severely injured three-year-old boy whose extended family now has to sign up for shifts to care for him.

Denise Sokolowski is Vice President of All About You Home Care. She said many insurance companies are going beyond what the new law explicitly allows, and slashing payments below cost for everything.

“Feeding tube supplies. That’s their food that goes down their feeding tube. Gloves. Needles. Medications that are necessary,” said Sokolowski.