Silc Spiel - Winter 2004

CONTENTS

Lubbock Prepares for
Independent Living Conference

HHSC Rolls Out DARS

Access Loans Available

OLMSTEAD is Working in Texas

SILC Briefs

Graphic image of Texas State Capital with the image text; Texas State Independent Living Council

SILC MEMBERS

OFFICERS
Paula Margeson, Chair
Morgan Talbot, Vice-Chair
Marcia Ingram, Secretary
Ross Sweat, Parliamentarian

MEMBERS
Dennis Borel
Jesse Seawell
Doug Drey
Michelle Crain

EX-OFFICIO MEMBERS
Martha Bagley, TRC
Glenda Embree, TCB
Doug Dittfurth, TCDHH
Jonas Schwartz, Advocacy, Inc.

ADMINISTRATION
Ted Thayer, Executive Director

The contents of the SILC Spiel newsletter were developed in part under grants from the Dept. of Education (DOE) and Texas Rehabilitation Commission (TRC). However, these contents do not necessarily represent the policy of DOE or TRC and you should not assume endorsement by Local, State or Federal Government.

Lubbock Prepares for Independent Living Conference
By Ted Thayer

The Fifth Annual Independent Living Conference, jointly sponsored by the Texas State Independent Living council and LIFE/RUN Center for Independent Living, will be held in Lubbock on March 1-2, 2004. The conference focuses on the theme, “Power Through Partnerships: We’re All in This Together.” It has a very diversified and informative program including a keynote address by the Texas Secretary of State; sessions on developing collaborative partnerships presented by the Regional Continuing Education Center; and presentations on the State Plan for Independent Living, transportation, accessible housing, voting issues, legislation, and consumer rights and responsibilities. Exhibits by service providers and equipment representatives will also be available.

The site for the conference will be the Holiday Inn Park Plaza, 3201 South Loop 289, Lubbock, Texas 79401. The hotel rate for the conference is $65.00 for a single and the conference registration fee is $10.00. The registration number for the hotel is (806)797-3241.

A limited number of stipends will be provided by the Texas State Independent Living Council to enable consumers and board members of centers for independent living to participate in the conference. Stipends will cover lodging and meals. Nominations for stipends are made by centers for independent and other disability organizations.

One of the highlights of the conference will be the awards dinner. In addition to awards presented to outstanding people and organizations in the field of independent living, Gary Guller, leader of the Team Everest group, will recount the remarkable achievement of climbing Mount Everest by a group of persons with disabilities. That in itself is worth the price of admission. Join us in Lubbock for a great information-sharing experience.

HHSC Rolls Out DARS
by Paula Margeson

In March 1, the new Department of Assistive and Rehabilitative Services, (DARS), becomes official. The establishment of DARS is part of the transformation of the state’s health and human services system authorized by HR2292. Twelve agencies are being combined to create four departments under the direction of the Health and Human Services Commission, (HHSC). It is the premise of the legislature that the reorganization will create a better way to “protect public health and support Texans in need”.

DARS includes four components: early intervention services, blindness services, deaf and hard-of-hearing services, rehabilitation services, and disability determination services. These components were formerly the Early Childhood Intervention Agency, the Texas Commission for the Blind, the Commission for the Deaf and Hard-of-Hearing, and the Texas Rehabilitation Commission.

The commissioner of DARS is Terrell Murphy. Mr. Murphy joined the Texas Commission for the Blind in 1972 as a placement specialist in the Fort Worth office. He later supervised the Commission’s community-based MHMR Vocational Rehabilitation Program, and eventually became the deputy director of programs for TCB. He was the commission’s executive director from 1997 until his recent appointment to DARS. Terry Murphy is an innovative leader and a strong proponent of consumer-directed services.

The Digital Federal Credit Union (DCU) makes access loans available for any product, device, or building modification designed to assist someone who is disabled. DCU members can borrow from $1,500 to $25,000 or more for up to 72 months with no down payment required. The borrower need not be the beneficiary of the purchase. Qualified purchases include, but are not limited to: assistive technology, durable medical equipment, housing modifications, and rehabilitative equipment. No fee is required to join the credit union. Interested persons need only to open a savings or checking account for as little as $5.00. For additional information, contact the Digital Credit Union at (800) 328-8797, Voice, (800) 395-5146, TTY, or visit DCU’s web site at www.dcu.org.

In the 1999 Supreme Court case, Olmstead v. L.C., the high court ruled that, based on the Americans with Disabilities Act, unjustified institutionalization of persons with disabilities is a form of discrimination. This landmark decision concludes that as long as an individual wants to transfer from an institution to the community and is determined to be qualified for community living, the state should work to move him or her to a less restrictive setting. The Olmstead Decision has motivated states to consider redirecting public funds to facilitate the timely implementation of community integration. This systemic change represents a real paradigm shift.

In the past, the federal-state Medicaid partnership has been the primary payment source for over 60 percent of all persons residing in nursing facilities. In 2002 alone, over twenty-one billion dollars were contributed by states for this purpose. On average, 35 percent of state Medicaid budgets are allocated to residential long-term care. In response to escalating demands for community-based care, Medicaid began issuing waivers allowing states to use federal matching funds to finance such assistance in non-institutional settings.

During the 77th legislative session, the Texas state legislature passed a budget rider authorizing that Medicaid funding might be transferred to the community-based services program in support of individuals relocating from nursing facilities into independent living. This “money-follows-the-person” strategy means that such individuals do not have to be consigned to waiting lists for community services nor will the assistance they receive jeopardize the position of persons on such lists. So successful was this rider that, in one year’s time, more than 2,200 Texans used the funding mechanism to transition into the community. The Texas Department of Human Services estimates that the savings from the rider were $6.3 million in FY 2002 and $20.2 million in FY 2003. While a similar rider was passed in the 78th session, the provision is temporary until it becomes law.

The “money-follows-the-person” strategy has made the Olmstead Decision a reality for persons with disabilities in Texas. Independent Living advocates are urging their state senators and representatives to pass legislation that will make this provision permanent. Not only is deinstitutionalization cost effective, it upholds the American philosophy that all citizens have the right to “life, liberty, and the pursuit of happiness.”

Tarrant County Residents Speak Out
The SILC hosted a public hearing in Fort Worth to obtain public input regarding the need for federally funded independent living services in that portion of the state. More than thirty attended the hearing, including persons with disabilities, parents of individuals who are disabled, and representatives from disability-related organizations. Most frequent concerns expressed were reliable public transportation, employment assistance, affordable housing, financial aid with prescription costs, and help with reading, driving, moving, and other similar activities. The council will consider these issues in the development of the 2005/2007 State Plan for Independent Living.

SILC Congress A Success
The SILC director and two council members attended the annual SILC Congress held in Phoenix in early January. The event was attended by more than 150 delegates from the different state independent living councils throughout the country. Much of the activity centered around the drafting of standards and indicators to monitor compliance of SILCs with the requirements in the Rehabilitation Act.

Developmental Disabilities Council Awards Funds to SILC
The council has received a grant from the DDC to help provide stipends to consumers so that they might participate in the 2004 Statewide Independent Living Conference. The stipends will cover the costs of meals and lodging. Last year, the SILC offered such support to twenty-five individuals. Persons interested in applying for a stipend should contact Ted Thayer, SILC director, at: (877)371-7353.

Resources Regarding Assistive Technology
At a recent council meeting in Austin, SILC members toured the assistive technology, (AT), lab maintained by the Texas Rehabilitation Commission, (TRC). The lab has an impressive array of devices such as reclining wheelchairs, voice-activated environmental controls, numerous adaptive computer keyboards, including one that resembles an accordion, and various types of mobility and personal care aids. With the help of their counselors, consumers are able to “check out” equipment for a trial period prior to investing in costly items.

More About AT
image of State Independent Living Council (SILC) logo

http://www.techconnections.org/forum/index.cfm, is a new resource that allows AT users to rate products in a “Consumer Report.” Those who use the new forum can confidentially post product reviews and exchange information with both consumers and professionals in rehabilitation and education. Until now, it has been difficult to find user feedback on the performance of AT products in actual use. There is no cost or commitment for accessing this resource. The AT Connection is not associated directly with manufacturers or suppliers of assistive technology products, but is supported through funding from the National Institute on Disability and Rehabilitation Research.