The LIFTT Connection Summer 2012

Living Independently for Today and Tomorrow 3333 2nd Avenue North Suite #100 Billings, MT 59101

The LIFTT Connection Spring 2012 1

THE LIFTT CONNECTION

The LIFTT Connection is published by Living Independently for Today and Tomorrow, an independent living center providing services across 18 eastern Montana counties with offices located in Billings and Glendive. http://www.liftt.org Summer 2012

In This Issue:

Meet Our New Executive Director

NCIL & Others Begin Boycott Over Hotel pools

Ovarian Cancer Awareness Night @ Billings Mustangs Game on 8/29

The Affordable Care Act and People with Disabilities

Bike MS to hold Billings to Red Lodge Ride

Meeting the Challenge: ADA Enforcement

Make Your Voice Heard! Register to Vote

ADA Celebration

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A Letter from LIFTT’s New Executive Director, Joe Burst Editors Note: LIFTT is pleased to welcome Joe Burst to as our new executive director

My name is Joe Burst and I am the new Executive Director of Living Independently for Today and Tomorrow (LIFTT). I am writing this letter to introduce myself and to tell you a little about my goals for the future of LIFTT. A little bit about me. I grew up in Metairie, Louisiana with 2 brothers and 2 sisters. I was very active in sports and was also very involved in Key Club. It was through Key Club that I met my wife, Mary, who at the time was the President of the local YARC. YARC would hold a summer camp for adults with disabilities and my Key Club would spend our summer Saturdays volunteering to help out. In 1983 we decided to make a big change and moved to Billings where we have raised our family. Mary is a social worker with the Department of Public Health and Human Services and she is responsible for licensing Foster and Adoptive homes. We have 2 sons, Scott who works in the technology department for Wells Fargo Bank (married to Katie) and Ryan our youngest a student at MSU Billings. I am proud of the fact that my whole family believes in giving back to the community that has so greatly supported us. I have been a 20 year member of Kiwanis having served as the President of 2 clubs, District Administrator for the Montana District Circle K and served as Governor of the Montana Kiwanis District. I am also a member of the Billings Breakfast Exchange Club. My hobbies are golf, fishing, cooking and jigsaw puzzles.

Photo courtesy of Joe Burst LIFTT executive Director Joe Burst and his wife Mary

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Professionally I have spent about 1/3 of my life working in the private sector both as a company manager and business owner, 1/3 in the local government sector managing housing grants and supervising programs, and 1/3 in the non-profit world primarily as a grant writer, and development director raising money, building awareness and relationships, special events & Capital Campaigns. I also recently finished serving as President of the Montana Association of Fundraising Professionals. Throughout my life experiences, I have had many occasions where the work that LIFTT performs brings special meaning and purpose to my life and makes me passionate about the path that I am now taking. LIFTT has achieved many things we can be proud of in its 24 years. Unfortunately for many it is Montana’s best kept secret. As the new director I want to let the secret out of the bag. This will be done in a number of ways and here are a few examples of my goals: Build awareness- this will be done by strengthening existing collaborative relationships, building new relationships and working together as a team. Build financial strength so that we can serve more people in more ways and in the best way possible - this involves making sure we continue to be good stewards of the funding we currently receive but also seek out and create other funding mechanisms to build and ensure sustainability. Be a strong and influential advocate for ensuring we fulfill our mission to Empower Persons with Disabilities to Live Independently in and have Access to Their Communities. I will share more specific goals in future newsletters but I want you to also help me by being a part of our team. Please call 406-294-5190, email joeb@liftt.org or stop by and share with me your thoughts, ideas and concerns so that together we can truly make a difference. Sincerely, Joe Burst

“I am only one, but I am one. I cannot do everything, but I can do

something and I will not let what I cannot do interfere with what I can do”-Edward Everett Hale

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Disability Rights Groups launch hotel boycott, highlight possible threat to ADA integrity

A coalition of disability rights groups including the National Council on Independent Living (NCIL), the American Association for People with Disabilities (AAPD), the National Disability Rights Network and ADAPT have launched a boycott and awareness campaign designed to draw attention to the attack on the Americans with Disabilities Act (ADA) being spearheaded by the American Hotel and Lodging Association (AH&LA) and the Asian American Hotel Owners Association (AAHOA).

The two trade associations and their member hotels are currently lobbying Congress to enact legislation that would exempt hotels from ADA regulations requiring swimming pool operators to install ramps and lifts that allow people using wheelchairs access to the pool.

Advocates concerns over such legislation extend beyond access to pools as they believe if such an exemption was granted to one industry the floodgates would be opened and the ADA severely weakened

Photos by Jed Barton (LIFTT) and Tami Hoar (Montana Independent Living Project) Disability rights advocates rally outside the Washington offices of the American Hotel & Lodgeing Association to protest that group's efforts to weaken the ADA

In response, advocates have begun aggressive lobbying efforts on Capitol Hill designed to defeat any legislation that would attack the ADA. In addition a two tiered boycott of the hotel industry is underway to protest their support of such measures as well as their refusal to make their pools accessible to all.

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On a national level, the boycott is targeting several hotels and hotel chains whose executives are key leaders in the AH&LA and AAHOA. At the local level, advocates are encouraged to find out which hotels with pools in their areas have made those pools welcome to all and encourage that the public only do business with those establishments.

For more information about this attack on the ADA and the disability community’s response to it visit: http://www.adapt.org/main/adaattack.§

Mustangs to hold Ovarian Cancer Awareness Night August 29

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The Billings Mustangs, in partnership with the Cancer Coalition of the Greater Yellowstone, will host Ovarian Cancer Awareness Night on August 29 when the Ponies take on the Helena Brewers at Dehler Park at 7:05 pm.

Fans attending the game are encouraged to wear teal and the first 500 fans through the gate will receive a foam finger. Representatives of the Cancer Coalition of Greater Yellowstone will be on hand to provide information about ovarian cancer and its treatment and prevention. §

The Affordable Care Act: What does it mean for People with Disabilities?

With the ruling by the United States Supreme Court upholding the Affordable Care Act many people with disabilities are wondering what exactly this legislation means to them. To help answer that question the American Association for People with Disabilities has provided the following facts about several of the important aspects of the Affordable Care Act.

Note: As the law stands right now most of the regulations mentioned here will take effect in 2014.

Accessibility and Nondiscrimination:

Requires individuals to have health insurance unless they are eligible for health care through government programs such as Medicare, Medicaid, Veterans Affairs or military service.

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Pre-existing conditions: health insurance providers will no longer be allowed to deny coverage, charge higher premiums or exclude benefits based on a pre-existing condition.

Creates the Pre-Existing Condition Insurance plan to make coverage available to individuals who are uninsured, have been denied coverage due to a pre-existing condition or are otherwise ineligible.

Prohibits discrimination based on disability under any health program or activity that receives federal funding or assistance.

Prohibits providers from rescinding coverage after someone is injured or acquires a new condition.

Temporary high-risk pools: between now and 2014 individuals with pre-existing conditions are eligible to purchase coverage through high-risk pools if they have been without coverage for at least six months. Pools have yet to be created.

Affordability:

No annual caps on benefits after 2014. No lifetime caps on benefits beginning immediately. Creates state-based health insurance exchanges to offer a

variety of options for coverage and provides tax credits to those who cannot afford coverage.

Places limits on out of pocket expenses and deductibles. Requires insurance providers to disclose and justify

unreasonable premium increases.

Coverage:

Certain essential benefits are mandated to be covered, including ambulatory patient services, emergency services, hospitalization, maternity and newborn care, mental health and substance abuse services, prescription drugs, rehabilitative and habilitative services and devices, laboratory services, preventive and wellness services and chronic disease management and pediatric services.

Extends certain prescription drug coverage for Medicaid recipients.

Mandates coverage of anti-seizure, anti-spasm and smoking cessation medications.

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Home and Community Based Services:

Expands home and community based services for people with disabilities and chronic conditions to be able to live at home and participate in their communities rather than living in nursing homes or institutions.

Community Living Assistance Services and Supports (CLASS): allows people with disabilities to buy into insurance programs whereby they receive benefits to help pay for long-term supports and services.

Substantially increases funding for community health centers.

Equipment:

Requires standards for accessible medical diagnostic equipment for people with disabilities to ensure accessibility to such equipment in doctors’ offices and other medical facilities.

Eliminates the option to purchase wheelchairs under Medicare – rentals only will be covered.

Increases the excise tax on durable medical equipment manufacturers, which will likely result in higher costs to consumers.

Establishes Medicare durable medical equipment bidding program whereby HHS will choose suppliers that will be covered by Medicare, limiting consumers’ choices for wheelchairs and other equipment.

Training and Data Collection:

Requires disability awareness training for medical professionals.

Requires the federal government to collect health survey data from people with disabilities in order to better understand their needs.

Medicaid:

Expands Medicaid coverage to all people under age 64 who have household income less than 133% of the Federal Poverty Line.

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Community First Choice Option: allows state Medicaid plans to choose home and community based services for people with disabilities who would otherwise require institutional care.

Extends the Money Follows the Person program until 2016 to cover costs of moving eligible Medicaid recipients from in-patient facilities to community-based settings

MS Society to Hold Benefit Bike Ride

The Greater Northwest Chapter of the National Multiple Sclerosis Society will be holding it annual Bike MS: Bike to the Beartooth ride to raise funds for awareness and treatment of MS.

On Saturday August 25 Participants will ride from Pierce RV in Billings along highway 212 all the way to downtown Red Lodge-- a distance of over 50 miles. Following an evening of festivities in Red Lodge on Saturday night, the riders will put their pedals in gear and ride back to Billings on Sunday.

For more information on how to ride, volunteer, and/or donate to Bike MS visit: http://bikewas.nationalmssociety.org or contact Erika Elmhurst, Greater Northwest MS Society Bike MS coordinator at (206) 284-4254 ext 40233 or erica.elmenhurst@nmss.org§

Meeting the Challenge: ADA Enforcement

Editor’s Note: LIFTT is pleased to present this column of by Cindy Powell of the Rocky Mountain ADA Center. The Rocky Mountain ADA Center is one of ten regional “one-stop” comprehensive Americans with Disabilities Act (ADA) resource centers. Located in Colorado Springs Colorado, the Rocky Mountain ADA Center serves a six state region: Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. The Rocky Mountain ADA Center provides technical assistance, education and training, public awareness, materials dissemination, and information and referral to employers, businesses, state and local government agencies, disability and rehabilitation programs, people with disabilities,

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architects, code officials, schools and many other entities with rights and responsibilities under the ADA. Title I of the ADA prohibits employment discrimination by private employers with fifteen or more employees and state/local government employers, regardless of number of employees. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title I and issuing Title I regulations. EEOC also handles and resolves complaints of employment discrimination. Individuals who experience disability-related discrimination must file a complaint with EEOC within 180 days following the alleged discrimination. After an investigation, EEOC may: 1) Refer the case to an appropriate state agency; 2) Seek a settlement with the employer; or 3) Offer mediation to the employer and the charging party. If a settlement cannot be reached, a lawsuit may be filed by EEOC on behalf of the charging party. Approximately 95 percent of the EEOC lawsuits have resulted in monetary or injunctive relief for charging parties with disabilities. However, EEOC may choose to conclude its investigation if they determine the case does not have sufficient merit. If this occurs, EEOC will issue a "right to sue letter" that informs the charging party that, regardless of what the EEOC has determined, the charging party has the right to file a lawsuit against the employer. The charging party then has 90 days to file a lawsuit. If a lawsuit is not filed within that period, the charging party may not file a future lawsuit. The Department of Justice (DOJ) has the authority to enforce all the provisions of the ADA, but focuses primarily on Title II (state and local government) and Title III (privately owned businesses). In most situations, DOJ refers employment discrimination complaints to EEOC. Unlike the procedures for enforcing Title I of the ADA, individuals with disabilities can file private civil lawsuits to enforce the provisions of Title II and Title III of the ADA without filing an initial complaint with DOJ. In these cases, DOJ may decide to intervene in the litigation if it will address a major

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ADA issue. DOJ may also choose to file an amicus or "friend of the court" brief to address important legal issues in a private ADA lawsuit. There are three possible outcomes when DOJ files a lawsuit against an ADA-covered entity: 1) Settlement Agreement - an agreement, which does not have the force of law, between DOJ and a covered entity to settle a lawsuit before it goes to trial. DOJ and the covered entity agree to dismiss the lawsuit, with the covered entity agreeing to take certain steps to reach ADA compliance;

2) Consent Decrees - a formal settlement agreement, which has the force of law, between DOJ and a covered entity that is subject to judicial approval and supervision; or

3) Court Decisions - If an ADA case where DOJ is a party or has submitted an amicus brief goes to trial or is appealed, a court may issue a decision on the merits of the case. These court decisions have the force of law. It is extremely important that prompt discrimination complaints be filed with the appropriate agency: EEOC if the complaint is employment related; or DOJ if the complaint involves a state or local government entity or privately owned business. §

Register Now to Vote in the November Election

“To give victory to the right, not bloody bullets, but peaceful ballots

only, are necessary."

-Abraham Lincoln, 1858 The 2012 General Election is scheduled for November 6. Up for grabs are Montana’s three electoral college votes for President & Vice President, as well as offices of Governor, Lt. Governor, Secretary of State, Attorney General, State Auditor, Superintendant of Public Instruction, a US Senate seat, Montana’s lone US House seat, all 100 seats in the Montana House of Representatives, 25 of 50 seats in the Montana Senate and numerous

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local offices. The ballot will also contain several initiatives for consideration of the voters. Voting in an election is an important tool that exists for citizens to determine the course of action their government will take. So if you want a government that will reflect your thoughts and beliefs it is vital t you register to vote and, having done so, actually cast a ballot. To register to vote contact your local county election office or you can obtain a voter registration form online at: sos.mt.gov. If you need assistance in registering to vote or have concerns that your rights are being infringed you can contact LIFTT government affairs coordinator Jed Barton at (406) 294-5186 or jedb@liftt.org§

ADA Celebration 2012! July 26th marked the 22nd anniversary of the Americans with Disabilities Act becoming federal law. To mark this occasion LIFTT hosted an ADA celebration in the parking lot of its Billings office. The day included a BBQ lunch, raffle drawings, an ADA awareness program and assistive technology displays. In addition to educating the Billings community about the importance of the ADA and its legacy, the event also brought in around $2000 for LIFTT and its many programs. (Photos by Joe Burst and Jed Barton) Top: Guests enjoy lunch during the LIFTT ADA celebration on July 26

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Middle: LIFTT Peer Bobbi Deveraux delivers the keynote address during the LIFTT ADA celebration on July 26

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experiences of being a person with a disability. Bottom: A representative of G&J enterprises demonstrates a wheel chair accessible van during the LIFTT ADA Celebration on July 26

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