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February 6, 2013

DREDF expresses deep concerns about California's plans to integrate Home and Community Based Services (HCBS) in the Coordinated Care Initiative (CCI). (PDF)

We are deeply concerned that California's proposed policy will restrict the scope, amount, and duration of Home and Community Based Services (HCBS) available to managed health plan beneficiaries who receive both Medicaid and Medicare. Our letter enumerates our concerns and ongoing questions.

February 4, 2013

On January 25, 2013, DREDF, with cosigning organizations Disability Rights California, Disability Rights Legal Center, and Legal Aid Society – Employment Law Center, submitted comments and recommendations to protect access as California state courts transition to e–filing and e-service systems. The full letter was part of a larger joint legal aid system comment that included the Legal Aid Association of California (LAAC). Our shared purpose was to underscore the value of electronic access to marginalized communities – and how to not squander this opportunity for improvements.

• Read the IOLTA-Funded California Disability Advocacy Organizations Public Comment Letter (PDF)

• Read LAAC's letter on Proposed Mandatory E-Filing W13-05 (PDF)

January 25, 2013

DREDF, in collaboration with the National Senior Citizens Law Center (NSCLC) releases, "Identifying and Selecting Long–Term Services and Supports Outcome Measures," a guide for advocates.

January 14, 2013

DREDF submits comments on the Stage 3 Definition of Meaningful Use of Electronic Health Records (EHRs) released by the Office of the National Coordinator for Heath Information Technology

Law Internships

DREDF is seeking law students to work during summer, fall, and spring.

Job Opening

DREDF seeks Litigation Attorney.

December 28, 2012

DREDF Calls for Attention to Health Equity and Health Disparities by the California Health Benefit Exchange Board (PDF)

December 26, 2012

DREDF Submits Comments on Proposed Standards Related to Essential Health Benefits, Actuarial Value, and Accreditation under the Patient Protection and Affordable Care Act(PDF)

December 4, 2012

DREDF Deeply Disappointed by US Senate Opposition to Global Disability Rights Treaty

Despite the support of over 300 disability rights and veterans organizations, the US Senate failed to ratify the United Nations Convention on the Rights of Persons with Disabilities (CRPD) today, with a final vote of 61 Senators in support and 38 Senators opposed. By not ratifying the Treaty, the US fails to advance the human rights principles it once championed in the Americans with Disabilities Act of 1990, the landmark disability civil rights law upon which the CRPD is largely based.

• Full Statement Senate Opposition to CRPD
  
  
• Complete list of Senators and how they voted
  
  
• Read more about the reaction to the vote
  
  

October 10, 2012

Court Approves Consent Decree in Mankinen vs. Orange County.

Superior Court Judge Stock approved the settlement in Mankinen stating that the agreement addresses Orange County's wrongdoings, and the inadequacies in its system for processing applications for general assistance. The Court will retain jurisdiction over the Consent Decree for three years. This article in the Sacramento Bee is a good summary of the issues and resolution.

October 10, 2012

DREDF Secures Historic Settlement in National Association of the Deaf, et al. v. Netflix, Ensuring 100% Closed Captions in Netflix's On–Demand Streaming Content Within Two Years

Today's precedent–setting Consent Decree will increase access for people who are deaf and hard of hearing to movies and television streamed on the Internet, one of the fastest growing entertainment venues in the country. The case is already notable for establishing that the ADA applies to on line only businesses, a critical issue as society moves from Main Street to the Internet.

"DREDF hopes that this is the beginning of opening the Internet for our country's 48 million deaf and hard of hearing individuals in streamed entertainment, education, government benefits, and more," said Arlene Mayerson, DREDF's Directing Attorney. "We're so pleased that Netflix worked jointly with plaintiffs to devise a reasonable and workable way to achieve 100% captioning. The Decree is a model for the streaming entertainment industry."

DREDF is honored to have worked with Lewis, Feinberg, Lee, Renaker & Jackson P.C., and the Boston, MA law firm Sugarman, Rogers, Barshak & Cohen, P.C. on this case.

• Download the Consent Decree: National Association of the Deaf, et al. v. Netflix, Case No. 3:11-cv-30168 (PDF)
  
  
• Download the press release (PDF)
  
  
• Learn more about the case

September 19, 2012

Despite efforts by Californians with disabilities, DREDF, and other advocacy organizations, the California legislature passed Senate Bill 1186, which will diminish the rights of people with disabilities. On September 14, a coalition of disability rights organizations sent a letter to Governor Brown seeking an opportunity to share our grave concerns with him before he made a decision on whether or not to sign the bill. Unfortunately, the governor signed SB 1186 on September 19. We will continue our efforts to mute the impact of this unjust law.

August 13, 2012

Changes to California's Orange County Welfare Program Will Benefit Qualified Indigent People, Including Those With Disabilities

The County of Orange and DREDF, Western Center on Law & Poverty, and The Public Interest Law Project have reached an agreement on changes that will be made to the County's General Relief (GR) Program, which provides cash assistance to indigent adults. Most recipients also receive medical benefits and CalFresh, and a significant percentage are people with disabilities. DREDF brought this class–action case to remedy systemic disability discrimination by the County. The reforms will include easier transitions to the better–funded federal SSI program, and ADA–mandated reasonable accommodations such as assistance with forms, home visits, and the provision of auxiliary aids.

Download the Press Release. (PDF)

Do you think you, or someone you know, might be a member of the class?

Download the Class Notice. English (PDF), Spanish (PDF), Vietnamese (PDF)

Download the Consent Decree. English (PDF), Spanish (PDF), Vietnamese (PDF)

July 26, 2012 – Happy 22nd Anniversary ADA!

In celebration and awareness of this larger civil rights journey integral to our own, DREDF invites you to dive back into the past with us on this ADA anniversary with the article "Come On In, The Water's Fine—But Only If You Can Get There" (PDF)

July 25, 2012

On the eve of the ADA's 22nd anniversary, DREDF, with Disability Rights Advocates (DRA) and Lewis Feinberg Lee Renaker & Jackson, has filed Center for Independent Living, et al., v. Wal-Mart Stores, Inc. that calls for the retail giant to ensure equal access to shoppers with mobility disabilities. The primary goal of the case is to make Wal-Mart's point–of–sale terminals accessible to people who use wheelchairs and scooters.

• Read more about the case filed in the United States District Court, Northern District Of California (PDF)
  
  
• Download the complaint, Case No. CV123885 (PDF)

July 13, 2012

DREDF Files Administrative Complaint with the US Department of Health and Human Services, Office for Civil Rights (HHS–OCR)

DREDF has filed an administrative complaint with HHS–OCR charging the California Department of Social Services (CDSS) and the California Department of Health Care Services (CDHCS) with failure to adequately monitor disability discrimination in public benefits programs throughout California. People with disabilities and their families and children are among the poorest of the poor in California and are disproportionately burdened by homelessness, hunger, and illness. But state–administered programs — CalWORKs, IHSS, MediCal and others – are placing life–sustaining cash–aid assistance beyond their reach by failing to provide accessible services through ADA–mandated reasonable accommodations and the overseeing bodies—CDSS and CDHCS—are failing to enforce these laws despite being charged with this responsibility.

• Read more about DREDF's administrative complaint. (PDF)

July 2, 2012

DREDF comments on the State Option to Provide Home and Community-Based Services (HCBS) for Medicaid-eligible individuals.

July 2, 2012

A New Video Advocacy Tool in Our Campaign for Disability Healthcare Justice

DREDF is pleased to announce the launch of HEALTHCARE STORIES - free, downloadable short videos that illustrate as no policy paper can, the obstacles and barriers that still stand in the way of getting appropriate health care for many people with disabilities.

June 28, 2012

DREDF Applauds SCOTUS Upholding of Affordable Care Act

This historic decision means that people with disabilities will continue to benefit from the profound impact of the landmark law. By affirming the individual mandate, the Court ensured that private insurers will have access to the largest possible pool of enrollees, thus holding costs down. In combination with market reforms prohibiting discrimination against people with pre-existing conditions, this affirmation will make it possible for everyone, including an estimated 3.5 million uninsured people with disabilities, to benefit from more affordable insurance prices.

• But wait! — there's more!

Administration for Community Living Webinar—Managed LTSS: Engaging in the Stakeholder Process

DREDF's Silvia Yee and Mary Lou Breslin were presenters in this June 27, 2012 webinar in which 360 people participated.

• Download the PowerPoint presentation (pdf)

June 19, 2012

DREDF victory in NAD v. Netflix: Court rules that the ADA applies to web-only businesses!

In a major victory for the National Association of the Deaf (NAD), the nation's premier civil rights organization for deaf and hard of hearing individuals, the District Court of Massachusetts held that the ADA applies to website-only businesses. In National Association of the Deaf, et al. v. Netflix, Judge Ponsor denied Netflix's motion for judgment on the pleadings and is allowing this disability civil rights case to move forward. The underlying lawsuit alleges that Netflix violates the ADA by failing to provide closed captioning on most of its "Watch Instantly" programming streamed on the Internet, thereby denying equal access to the deaf and hard of hearing community. Read the Order below.

• MEMORANDUM AND ORDER REGARDING MOTION FOR JUDGMENT ON THE PLEADINGS

June 14, 2012

LTSS Webinar Archive
DREDF and the National Senior Citizens Law Center (NSCLC) presented a webinar on Long–Term Services and Supports in a Managed Care Environment on Monday, June 11, 2012. The transcript from the webinar and slides are available below.

• Transcript
  
  
• Slides

June 11, 2012

Long-Term Services and Supports: Beneficiary Protections in a Managed Care Environment

A toolkit for advocates on LTSS-specific beneficiary protections developed in partnership with the National Senior Citizens Law Center

June 8, 2012

DREDF and colleagues comment on Access Board's Proposed Accessibility Standards for Medical Diagnostic Equipment

May 15, 2012

DREDF and Lewis Feinberg filed an Opposition to Netflix's Motion for Judgment on the Pleadings asserting that Netflix is a place of public accommodation under Title III of the ADA, that Netflix sufficiently controls its Watch Instantly content to be held liable under the ADA, and that the 21st Century Communications and Video Accessibility Act does not conflict with or supersede the ADA. The Department of Justice also filed a Statement of Interest in Opposition to Netflix's Motion for Judgment on the Pleadings.

• Opposition to Netflix's Motion
  
  
• DOJ Statement of Interest

5.8.12

DREDF provided assistance to DOL in the development of Bulletin About Handling Requests for Communication Assistance, Accommodations, and Modifications by Claimants and Others.

5.3.12

SB 1186 is pending legislation in California that would require, among other things, attorneys to send a notice letter to defendants at least 30 days before filing a access lawsuit. DREDF strongly opposes SB 1186.

5.8.12

DREDF comments on California's Dual Eligibles Demonstration: Coordinated Care Initiative

DREDF attorney, Silvia Yee presents on the topic, "Disability Discrimination in Health Care," at the Jacobus tenBroek Disability Law Symposium held at the Jernigan Institute, Baltimore, MD, in April 2012

5.7.12

DREDF comments on the Centers for Medicare & Medicaid Services (CMS) Electronic Health Record Incentive Program — Stage 2 Proposed Rule

4.24.12

IMPROVE TRANSPORTATION FOR PEOPLE WITH DISABILITIES:

Please participate in this short web survey, and encourage others to do so!

The Disability Rights Education & Defense Fund (DREDF) is conducting research on what factors are most important to riders with disabilities when deciding which transit mode to use.

The confidential survey results will be part of a national study called Transit Cooperative Research Project B-40: Strategy Guide to Enable and Promote the Use of Fixed-Route Transit by People with Disabilities. The goal is to develop strategies to improve bus and train systems for people with disabilities. DREDF's research partners are TranSystems Corporation, The Collaborative, and KFH Group.

Please take the survey, and encourage others to do so!

Questions?

4.4.12

CMS Approval of "Duals" Demonstrations Moving Rapidly

Many states are setting up programs for people with disabilities and seniors who are on both Medicaid and Medicare. It is essential that advocates engage with their state officials and CMS on these "duals" initiatives. DREDF, the National Senior Citizens Law Center and others are working to protect the rights of people with disabilities in this process.

Resources for advocates.

3.29.2012

DREDF comments on the Department of Labor's (DOL) proposed rule changes to the wage and hour regulation of domestic service employees

3.27.12

DREDF Investigating Public Benefits Website Access 

Dear Persons with Disabilities and Disability Organizations,

We need your help to ensure accessibility of three important websites!

These websites exist so Californians can learn about some public benefits and apply for them online. The benefits include: CalWORKs, Refugee Assistance, Cal Fresh, Medi-Cal, Foster Care, CMSP, KinGAP, CAPI, Foster Care/Adoptions, and General Assistance programs.

The websites are:

• https://www.dpssbenefits.lacounty.gov/ybn/Index.html

• https://www.benefitscalwin.org/

• https://www.c4yourself.com/c4yourself/

Please let us know if these websites are accessible to you and your assistive technology! 

Please use the technical resources in your organizations to assess these websites's accessibility to your members and let us know what you find out!

You may send your input to:
Taymour Ravandi, Attorney
Disability Rights California
(916) 504-5800
Taymour.Ravandi@disabilityrightsca.org

Larisa Cummings, Attorney
Disability Rights Education and Defense Fund
(800) 348-4232
lcummings@dredf.org

Antionette Dozier, Attorney
Western Center on Law & Poverty
(213) 235-2629
adozier@wclp.org

OPPOSE INDUSTRY ATTACK ON THE ADA
by April 4

Today, Hotel Swimming Pools
What Else Tomorrow?

See full DREDF alert

DREDF's Silvia Yee is quoted in the Guardian on the growing popularity of the controversial 'Ashley Treatment,'. DREDF published it's opposition to this medical procedure in 2007

Are you a person with a disability (including cognitive, hearing, vision, or physical) who receives benefits from the Social Security Administration? Benefits can mean SSI, SSDI, or retirement. If so, UCSF would like to talk with you!!

March 2012 Update from DREDF: SSA has issued nearly 250,000 alternate formats since ACB v. Astrue Judgment

On December 21, 2011 DREDF made an administrative complaint to the Office of Civil Rights of the U.S. Department of Health and Human Services on grounds that the Centers for Medicaid and Medicare ("CMS") continues to fail to provide alternate formats to individuals who are blind or visually impaired. This complaint was made on behalf of a Medicare Parts A and B beneficiary who is visually impaired and requires bold 24 point font for all communications and notices from CMS and its contractors including all others who provide Medicare notices to the public. The requested remedies in the complaint include that CMS should automatically offer and provide the following to all blind and visually impaired beneficiaries: Braille, audio CD, large print, or MS Word on CD; any other requests should be processed promptly under the regulations which require CMS to consider those requests. Please contact Charlotte Lanvers at 510-644-2555 if you want to learn more and especially if you have had problems obtaining alternate formats from CMS. (12.21.11)

Dear Advocates and Community Members,

We at DREDF are interested in hearing from you if you or your clients have experienced discrimination on the basis of disability in state and county-run public benefits programs. For example, many counties fail to provide applicants/recipients with the reasonable accommodations they need to comply with program requirements (e.g., home visits, help with filling out forms, gathering documents, alternate formats, extensions of time, sign language interpreters, etc.). We have been told that some counties believe that the ADA and reasonable accommodations apply only to county staff, not public benefits applicants and recipients. Other examples include, but are not limited to, terminations or sanctions for failure to comply with program requirements without considering disability as a good cause exemption and failure to provide notice of rights under the ADA. Our interest is cross-disability and includes physical disabilities, mental illnesses, learning disabilities, and developmental disabilities.

If you have any questions or want to pass along information about yourself or a client, please respond to Shira Wakschlag at swakschlag@dredf.org or 510-644-2555.

Thank you!