Wednesday, September 30, 2009

Autism Insurance, Independent Living Get Boost In Senate

By Michelle Diament
For Disability Scoop
September 28, 2009

The health care bill emerging from a key Senate committee now includes expanded independent living options and autism insurance coverage, both of which are good news for people with disabilities, advocates say.

The Senate finance committee agreed last week to include an amendment mandating insurance coverage for behavior treatments used with those who have autism. Similar legislation has passed in many states, but advocates say a federal mandate is key.

“It is now highly likely that any health care reform bill which ultimately reaches the president’s desk will end autism insurance discrimination by including the requirement that all health insurance policies cover behavioral health treatments,” said Elizabeth Emken, vice president of government relations at Autism Speaks, which advocated for the measure.

The finance committee also opted to include the Community Choice First Option, which would offer states the ability to obtain increased federal matching funds to support individuals with disabilities who live in the community. In return, participating states would eliminate caps on the number of individuals who can live in the community.

This option has its roots in the Community Choice Act, a bill proposed in Congress, which would create a mandate for states rather than allow them an option. Advocates initially wanted a mandate to be included within the health care reform bill, but say having the option included is a step in the right direction while they continue to push for passage of the Community Choice Act.

“I haven’t talked to a single person in Congress who’s been opposed to the concept,” says Kelly Buckland, executive director of the National Council on Independent Living, who’s been influential in lobbying for the Community Choice Act. “The only concerns about it have been the cost.”

A final health care reform bill must be passed by the full House and Senate and signed by the president for it to become law.

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and
permissions click here.

Applications Being Taken for 'Anyone Can Ski' Program

By The News-Gazette
The News-Gazette.com
Tuesday September 29, 2009

CHAMPAIGN – The Champaign Ski Club is accepting applications for its new "Anyone Can Ski" program for people with disabilities.

The club is raising funds to send a skier and a guardian or companion on a ski trip to the National Sports Center for the Disabled in Winter Park, Colo. The center helps people with many types of disabilities learn to ski and enjoy mountain fun.

People with any type of disability are encouraged to apply, but applicants must be able to travel by train and must have a desire to ski. The applicant will be chosen in December by the ski club's board of directors and will travel to Winter Park in February.

The club will cover the cost of train travel and the lodging at Beaver Lodge.

Applications must be postmarked by Oct. 16 to be considered. Details of the program and application forms may be obtained at www.champaignskiclub.org.

The club is selling raffle tickets to support the project. Raffle prizes include a winter ski trip to Colorado or Utah, or $1,000 cash.

The second prize will be an $800 gift certificate to Wild Country in Champaign.

Raffle ticket information is also available at the Ski Club Web site, and tickets may be obtained by e-mailing Marvin Bell at mbell<@>mchsi.com or calling him at 590-4265.

Find this article at: http://www.news-gazette.com/news/2009/09/29/applications_being_taken_for_anyone_can_ski_program

Contents of this site are © Copyright 2009 The News-Gazette, Inc. All rights reserved

Epilepsy

What is Epilepsy?
Epilepsy is a neurological condition, which affects the nervous system. Epilepsy is also known as a seizure disorder. It is usually diagnosed after a person has had at least two seizures that were not caused by some known medical condition like alcohol withdrawal or extremely low blood sugar. Sometimes, according to the International League Against Epilepsy, epilepsy can be diagnosed after one seizure, if a person has a condition that places them at high risk for having another.

The seizures in epilepsy may be related to a brain injury or a family tendency, but most of the time the cause is unknown. The word "epilepsy" does not indicate anything about the cause of the person's seizures, what type they are, or how severe they are.

Topic Editor: Carol Camfield, M.D. / Robert S. Fisher, M.D., Ph.D.

What Is a Seizure?
A seizure is a sudden surge of electrical activity in the brain that usually affects how a person feels or acts for a short time. Seizures are not a disease in themselves. Instead, they are a symptom of many different disorders that can affect the brain. Some seizures can hardly be noticed, while others are totally disabling.

The seizures in epilepsy may be related to a brain injury or a family tendency, but often the cause is completely unknown. The word "epilepsy" does not indicate anything about the cause or severity of the person's seizures.

If I have one seizure, does that mean I will get epilepsy?
About half of the people who have one seizure without a clear cause will have another one, usually within 6 months. You are twice as likely to have another seizure if you have a known brain injury or other type of brain abnormality. If you do have two seizures, there's about an 80% chance that you'll have more.

If your first seizure occurred at the time of an injury or infection in the brain, you are more likely to develop epilepsy than if you had not had a seizure in that situation.

More seizures are also likely if your doctor finds abnormalities on a neurological examination; a set of tests of the functioning of your nervous system that is performed in the doctor's office.

Another thing that can help your doctor predict whether you will have more seizures is an EEG, electroencephalogram (e-LEK-tro-en-SEF-uh-LOG-ram), a test in which wires attached to your scalp record your brain waves. Certain patterns on the EEG are typical of epilepsy. If your brain waves show patterns of that type, you are about twice as likely to develop epilepsy as someone who does not have those patterns.

Topic Editor: Steven C. Schachter, M.D.

What Causes Epilepsy?
There is a fine balance in the brain between factors that begin electrical activity and factors that restrict it, and there are also systems that limit the spread of electrical activity. During a seizure, these limits break down, and abnormal electrical discharges can occur and spread to whole groups of neighboring cells at once. This linkage of electrical discharges creates a "storm" of electrical activity in the brain. This is a seizure. When a person has had at least two of these seizures, that's called epilepsy.

How does epilepsy begin?
The reasons why epilepsy begins are different for people of different ages. But what's true for every age is that the cause is unknown for about half of everyone with epilepsy.

Children may be born with a defect in the structure of their brain, or they may suffer a head injury or infection that causes their epilepsy. Severe head injury is the most common known cause in young adults. In middle age, strokes, tumors, and injuries are more frequent. In people over 65, stroke is the most common known cause, followed by degenerative conditions such as Alzheimer's disease.

Why does it sometimes take years before someone with a brain injury experiences a seizure?

Often seizures do not begin immediately after a person has an injury to the brain. Instead, a seizure may happen many months later. We do not have a good explanation for this common observation, but scientists are actively researching this subject.

Topic Editor: Steven C. Schachter, M.D.

To read on the symptoms of epilepsy go to: http://www.epilepsy.com/101/ep101_symptom

http://www.epilepsy.com/101/ep101_epilepsy
http://www.epilepsy.com/101/ep101_seizure
http://www.epilepsy.com/101/ep101_cause

© 2009 Epilepsy.com. All rights reserved.

Tuesday, September 29, 2009

New Law Gives First Responders A Heads Up On Special Needs

By Michelle Diament
For Disability Scoop
September 21, 2009

First responders in Illinois can better prepare for emergencies thanks to a new law requiring 911 centers to accept information about residents with disabilities preemptively.

Families can now elect to provide information about individuals with disabilities in their household to their local 911 center. Then, if a call is made coming from the individual’s address, the 911 dispatcher will immediately have access to the specialized information.

The permissions click here. dispatcher will then notify police, firefighters or paramedics headed to the scene about the person’s special needs, reports WSIL, the Carbondale, Ill. ABC affiliate. To read more click here.

http://www.disabilityscoop.com/2009/09/21/911-info/5488/

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved.

Fact Sheet: World Institute on Disability

WID in Brief
As an internationally recognized public policy center organized by and for people with disabilities, WID's mission is to strengthen the disability movement through research, training, advocacy and public education so that people with disabilities throughout the world enjoy increased opportunities to live independently.

Founded in 1983 by leaders of the Independent Living Movement, WID's vision is that culture, laws, policies, perceptions and customs everywhere reflect the full participation of all people including people with disabilities. WID's work focuses on those areas crucial to allowing persons with disabilities to live full and independent lives, and WID's unique, innovative programs promote employment, economic development and financial stability for Americans with disabilities; address the needs of marginalized disabled people from minority backgrounds with bilingual, bicultural programs; provide information and services on public benefits programs for both disabled consumers and service providers; conduct research on accessible health care and personal assistance services; work to develop policy to make technology accessible; and build the capacity of disability NGOs and support emerging disabled leaders in developing countries.

A majority of the Board of Directors and staff are people with disabilities and are respected national leaders in the disability field as well as in industry, government and social services. WID maintains a grassroots focus and cutting-edge status in the disability movement by bringing a diverse disability perspective to improving public policy and civil rights.

WID is located in downtown Oakland, California.

About WID
The mission of the World Institute on Disability (WID) in communities and nations worldwide is to eliminate barriers to full social integration and increase employment, economic security and health care for persons with disabilities. WID creates innovative programs and tools; conducts research, public education, training and advocacy campaigns; and provides technical assistance.

An internationally recognized public policy center founded in 1983 by leaders of the Independent Living Movement, WID's program work focuses on issues and problems that directly affect people’s ability to live full and independent lives. A majority of the Board and staff are persons with disabilities.

WID’s current projects are described in more detail at http://www.wid.org/

Thomas Foley, Interim Acting Executive Director, tom@WID.org

http://www.wid.org/publications/world-institute-on-disability-fact-sheet
http://www.wid.org/about-wid

Council for Exceptional Children (CEC) Convention to be Held in April!

Save the Date! CEC 2010 Convention & Expo -- April 21-24 -- Nashville, Tennessee

Join us next year for the CEC Convention & Expo -- the largest professional development event dedicated to special and gifted education. There, educators from around the world will discuss the most pressing issues in the field and share information about evidence-based practices in areas such as administration and supervision; autism spectrum disorders; emotional and behavior disorders and supports; instructional strategies for math, reading, and science; response to intervention; and technology.

The CEC Convention & Expo offers hundreds of educational sessions conducted by leading experts and endless opportunities to network with others working with children with exceptionalities and their families. Attendees will also learn about new and pending legislation and explore cutting-edge products and services in the exhibit hall. You won’t want to miss this chance to catch up on what’s happening in the field, broaden your perspective of special education, and further your professional growth.

The Gaylord Opryland truly embodies the spirit of “southern hospitality,” making it the perfect setting for networking, learning, and relaxing at the end of the day. This will be CEC’s first time in Nashville, a city known as the hub of country, bluegrass, jazz, and other types of music. The capital of Tennessee also supports a vibrant university community and is home to many historical and cultural attractions. Please click here for more information about “Music City."

Registration opens Oct. 15, 2009.

Council for Exceptional Children
1110 North Glebe Rd Suite 300
Arlington, VA 22201

http://www.cec.sped.org/Content/NavigationMenu/ProfessionalDevelopment/ConventionExpo/

© 2006-2007 Council for Exceptional Children (CEC). All rights reserved.

Monday, September 28, 2009

American Jewish World Service

AJWS
NEW YORK CITY
45 West 36th Street
New York, NY 10018
t: 212.792.2900 or
toll free 800.889.7146
f: 212.792.2930

AJWS was established in Boston on May 1, 1985 when Larry Phillips and Larry Simon, together with a group of rabbis, Jewish communal leaders, activists, businesspeople, scholars and others came together to create the first American Jewish organization dedicated to alleviating poverty, hunger and disease among people across the globe.

Since that time, AJWS has remained true to our founders' vision and commitment to tzedakah: empowering people throughout the world to achieve justice and self-sufficiency through the promotion of human rights, education, economic development, healthcare and sustainable agriculture.

American Jewish World Service (AJWS) is an international development organization motivated by Judaism’s imperative to pursue justice. AJWS is dedicated to alleviating poverty, hunger and disease among the people of the developing world regardless of race, religion or nationality.

Through grants to grassroots organizations, volunteer service, advocacy and education, AJWS fosters civil society, sustainable development and human rights for all people, while promoting the values and responsibilities of global citizenship within the Jewish community.

Six hundred and fifty million people in the world live with disabilities. The vast majority of them, especially those in the developing world, are denied essential services and excluded from full participation in their communities due to prejudice, stereotypes and environmental limitations.

Furthermore, they are often shut out of important advocacy opportunities due to stigma and physical hurdles that result when conference rooms and event arenas are not made accessible. In other words, some of the world's most marginalized voices aren't just left out – they are completely unheard.

February is the first annual Jewish Disabilities Awareness Month, an opportunity for the Jewish community to raise its consciousness about those who experience physical or mental challenges.

Given its commitment to the world's must vulnerable peoples, AJWS has recently expanded its grantmaking to include organizations around the world that focus on people with disabilities, especially those organizations led by disabled people themselves. Such opportunities help people with disabilities to strengthen their voices and demand justice, creating communities of activists and advocates.

People living with disabilities in the developing world experience multiple intersections of oppression, which can include poverty, gender discrimination and severely limited access to essential services. In much of the developing world, people with disabilities cannot afford or obtain quality health care. Ninety-eight percent of children with disabilities in developing countries receive no formal education. Women with disabilities face an unemployment rate that is virtually 100% in many developing countries.

An important milestone toward full rights for people with disabilities was the adoption of the UN Convention on the Rights of Persons with Disabilities in December 2006. Since then, 48 countries have ratified the convention, which pledges to fully ensure and protect the rights of people living with disabilities. This treaty, the first of the 21st century, emphasizes the importance of including people with disabilities in the development of laws, policies and programs.

To promote these values, AJWS has partnered with the Disability Rights Fund, a grantmaking organization that supports disabled people's organizations in the developing world. AJWS supports several organizations around the world that are at the cutting edge of support, services and empowerment for people living with disabilities.

http://ajws.org/who_we_are/history.html

http://ajws.org/who_we_are/


© 2009 American Jewish World Service. All rights reserved.

Stroke in Newborns: More Common Than We Think

Sherene Chen-See
Medical writer/editor
AboutKidsHealth.ca

Most parents think of stroke as a disease of old age. But did you know that newborns have as high a risk of stroke as the elderly? Stroke in the first 28 days of life, called the newborn period, is much more common than parents realize. Yet stroke in this fragile age group remains largely unrecognized and thus untreated.

What is stroke and how common is it?
A stroke is a sudden stoppage or decrease in the flow of blood in the brain, severe enough that it causes damage to the brain. There are two types of stroke: ischemic and hemorrhagic. Ischemic stroke is when the blood flow to the brain is diminished, usually because of a clot, called a thrombus, in one of the blood vessels in the brain. There are two types of ischemic stroke that occur in children, especially newborns: sinovenous thrombosis, where there is a clot in one of the veins in the brain, and arterial ischemic stroke, where the clot is in an artery in the brain. Hemorrhagic stroke is when a blood vessel in or near the brain ruptures, causing bleeding in the brain.

Types of Stroke
The incidence of stroke in the newborn period is very high compared to infancy and childhood. Sinovenous thrombosis occurs in one out of 6000 newborns, arterial ischemic stroke in one of 4000 newborns, and hemorrhagic stroke in one of 4000 newborns, according to Dr. Gabrielle deVeber, Director of the Children’s Stroke Program and staff neurologist at the Hospital for Sick Children (SickKids). After the newborn period, the risk of stroke drops significantly, and remains low until old age.

Why do strokes occur in newborns?
“Strokes that are diagnosed in newborns often occur in fetal life,” says Dr. Hilary Whyte, a neonatologist at SickKids. In pregnancy, proteins come across the placenta from mother to fetus, which help to decrease the risk of bleeding. However, this puts the fetus at higher risk for clotting and stroke, says Dr. deVeber. Also, sometimes clots can form in the placenta and travel to the fetus’ blood circulation. These clots may eventually make their way to the baby’s brain and cause a stroke.

Labour and delivery is another common time when stroke can occur in newborns. Childbirth can cause tremendous strain on the baby’s head. Stress on the arteries and veins in the baby’s head may lead to clot formation and stroke.

In addition, newborns come into the world with thicker blood than the rest of us – twice as many red blood cells as an adult – and this in itself can lead to clotting. In the first few days after birth, dehydration can be a problem, which can also cause the blood to clot.

What are the symptoms of stroke in newborns?
Stroke in newborns is essentially a "silent entity," according to Dr. Whyte. Because there are usually no clinical symptoms, the problem often goes unrecognized and thus untreated until the baby is much older. The usual symptoms seen in older children and adults, such as speech problems, numbness on one side, or imbalance, are difficult or impossible to detect in a newborn.

Of the newborns who do show symptoms, the vast majority present with a seizure, says Dr. deVeber. Seizure is the most recognizable sign of stroke in this age group. The symptoms of seizure are sometimes difficult to spot in newborns, and they include the following:

repetitive facial movements, including sucking, chewing, or eye movements
unusual bicycling or pedaling movements
staring
apnea, or pauses in breathing associated with slowing of the heart
rhythmic jerking movements involving the muscles of the face, tongue, arms, legs, or other regions
stiffening or tightening of muscle groups
quick, single jerks involving one arm or leg or the whole body

One major sign of stroke in adults is weakness on one side of the body. However, the newborn brain is immature, and thus the newborn’s ability to show weakness on one side of the body is not yet developed, says Dr. deVeber. As a result, this symptom may not appear in a newborn victim of stroke. Generally, about 15% of newborn stroke victims show less movement on one side of their body. One-sided weakness becomes easier to recognize as the baby gets older.

"Handedness" is a symptom of stroke that may arise some time after the newborn period, from around six weeks to six months of life, says Dr. Whyte. These babies may favour their left or right hand and reach out more with that hand. Some parents mistake this as meaning that the baby is advanced for his or her age, when really it is a sign of stroke. In healthy children, handedness does not normally appear until about 12 months.

What are the risk factors for stroke in newborns?
There are a number of factors that can put a newborn at higher risk for stroke. If the newborn has a birth defect that involves a hole in the heart, it is easier for clots to pass from other parts of the body, through the heart, and up to the brain. If there is a family history of clotting problems, the risk of stroke is higher in the newborn. Serious infections such as sepsis and meningitis can also lead to clotting. Other risk factors are those previously described, such as dehydration and childbirth.

How is newborn stroke diagnosed?
Sometimes stroke can be diagnosed while the baby is still in the womb. Generally this occurs if a birth defect is suspected and the mother is given a test called fetal magnetic resonance imaging (MRI). The fetal MRI is very effective at detecting stroke in the fetus. In some fetuses, if the stroke is particularly severe, it can be detected on a normal ultrasound during pregnancy. Once the baby is born, further imaging of the brain can be done to confirm the diagnosis.

In addition, all newborns who have a seizure should be given an ultrasound and CT of the head. They may also be given an MRI. The MRI is more sensitive but any stroke of significance would be seen on a CT, says Dr. Whyte. In an ideal world, an MRI would be done first, followed by other tests called a magnetic resonance arteriogram (MRA) and a magnetic resonance venogram (MRV), to look more closely at the blood vessels in the brain.

How is newborn stroke treated?
Although stroke can be diagnosed during pregnancy, the fetus cannot actually be treated for the condition until after he is born. Once the baby is born, it is not possible to reverse the damage that has been caused by the stroke. However, sometimes a medication called an anticoagulant can be given to prevent the clot from getting worse. An anticoagulant decreases the clotting ability of the blood. If the baby has had an ischemic stroke, and there is no evidence of bleeding in the brain, an anticoagulant can be used to stop the clot from getting worse.

New research led by Dr. Mahendra Moharir, a stroke fellow in the Children’s Stroke Program at SickKids, has shown that the use of an anticoagulant is safe in the treatment of sinovenous thrombosis with no bleeding in the brain; almost one-quarter of newborns with this type of stroke who do not receive an anticoagulant have a worsening of their blood clot. On the other hand, newborns who have arterial ischemic stroke generally do not need an anticoagulant unless there is an additional blood clot in the heart that could move up to the brain, says Dr. deVeber.

If the baby has had a hemorrhagic stroke, which means that there is bleeding in the brain, an anticoagulant should not be used because it will make the bleeding worse.

What are the outcomes of stroke in newborns?
The newborn brain is "plastic," and therefore it is more amenable to recovery after stroke than an adult brain. The nerve cells in the newborn brain are still forming connections, and this makes it easier for the baby to transfer important functions to other parts of the brain, says Dr. Whyte. For example, if the stroke occurred in the part of the brain that controls speech, as the baby gets older, he might be able to transfer control of this function to the other side of the brain. Because of the plasticity of the newborn brain, a newborn may have a significant stroke and still be neurodevelopmentally normal.

With that said, there are a number of common complications that can arise from stroke in newborns. Cerebral palsy is the most common complication. Epilepsy, language problems, cognitive or behavioural problems, headache disorders, and seizure disorders can all emerge as a result of newborn stroke. These conditions require special care over the long term, to ensure the best possible quality of life for the child.

What precautions can be taken to prevent stroke in newborns?
Because many newborn strokes actually occur in pregnancy, every precaution should be taken to make sure the fetus receives healthy blood flow while in the womb. Expectant mothers should eat properly, refrain from cigarette smoking, and avoid becoming dehydrated, says Dr. deVeber.

If an expectant mother has a history or family history of clotting disorders, she should be tested to see if she carries a genetic problem called Factor V Leiden, which can cause clotting in the baby. If doctors know that the baby may have this condition, they can take the necessary steps to manage it.

If a baby has too many red blood cells, which can arise if there is a problem during pregnancy or childbirth, the newborn may be prone to developing clots. Stroke can sometimes be prevented in these newborns by giving them a "partial exchange" blood transfusion where the blood is diluted with saline, says Dr. Whyte.

Once the baby is born, dehydration can sometimes cause the blood to clot. Bring your newborn in to see a doctor if you notice any of the following signs of dehydration:

dry mouth
less than six wet diapers per day
tearless and sunken eyes
a sunken fontanel, which is the ‘soft spot’ at the top of your newborn’s head
dry skin

It is important for parents to be aware of stroke in the newborn period. If you think that something is wrong with your baby, bring her to the family doctor. Do not worry that you are over-reacting. It is better to be safe than sorry. If your family doctor agrees that your baby could have had a stroke, he will refer your baby to a paediatrician who will launch an investigation.

http://www.aboutkidshealth.ca/News/Stroke-in-newborns-More-common-than-we-think.aspx?articleID=8149&categoryID=news-poh1

Copyright © 2004 - 2009, The Hospital for Sick Children

Abuse Goes Unchecked In Five States Lacking Protection Laws

By Shaun Heasley
For Disability Scoop
September 24, 2009

Doctors say Michael Ferrara was punched and strangled but nothing happened to the caregiver who likely assaulted Ferrara in his Pennsylvania group home.

That’s because Pennsylvania is among five states without laws allowing local government to investigate abuse among adults with intellectual and developmental disabilities. So individuals like Ferrara, 25, who lack communication skills and are unable to identify their attackers do not have the level of protection already provided to other vulnerable groups like children or elderly residents.

In Ferrara’s case, the abuse likely happened at the hands of his overnight caregiver, but no charges were ever filed. The worker was fired, but could very well work with other adults with disabilities now since the caregiver carries no record of the problem.

Legislation to protect adults with disabilities is currently pending in the Pennsylvania state legislature. Such legislation would create an adult protective services system whereby allegations of abuse would be logged and made available to employers.

Despite support for such a law, however, the anticipated $6 million annual cost is holding it up, reports the Philadelphia Daily News. To read more click here.

http://www.disabilityscoop.com/2009/09/24/pennsylvania-abuse/5536/

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and permissions click here.

Friday, September 25, 2009

EEOC Files Suit Against UPS

By RACHEL TOBIN RAMOS and ASSOCIATED PRESS
The Atlanta Journal-Constitution
Atlanta Business News August 28, 2009

The U.S. Equal Employment Opportunity Commission has filed a lawsuit in Chicago alleging UPS improperly fired a disabled employee.

The employee, UPS administrative assistant Trudi Momsen, was fired in 2007. She took 12 months medical leave for multiple sclerosis, then returned, but left again due to complications from her medication.

Sandy Springs-based UPS fired her for exceeding the package delivery company’s 12-month leave policy, the EEOC says.

The lawsuit claims UPS failed to accommodate Momsen’s disability, a violation of the Americans with Disabilities Act. The EEOC is seeking class-action status.

In an e-mail, UPS spokesman Norman Black called the lawsuit “surprising and misdirected,” adding the company will “vigorously defend” its leave policy.

“The employee in this case never asked for an accommodation under the Americans with Disabilities Act,” he said. “UPS is at a loss to understand the federal government’s position here,” calling UPS’s leave policy one of the “more generous and flexible” in corporate America.

http://www.ajc.com/business/eeoc-files-suit-against-126353.html
© 2009 The Atlanta Journal-Constitution

Autistic Murder Suspect Declared Unfit for Trial

By MEGHAN BARR
The Associated Press
September 14, 2009

COLUMBUS, Ohio — A judge ruled Monday that an autistic teenager is not competent to stand trial in the fatal beating of his doting mother and should remain in the treatment facility where he has been living for several months.

Portage County Common Pleas Judge John Enlow said Sky Walker, 18, is guilty of murdering his mother in January but should be institutionalized for his protection. All charges against him were dismissed.

At a hearing last week, prosecutors and defense attorneys said they agreed with a mental health evaluation that concluded Walker is unable to help in his defense. His attorneys had argued that Walker, who was kept in a restraint chair and wore a mask to keep him from spitting at deputies, cannot carry on a conversation.

To be deemed competent, a defendant would have to understand the charges against him and be able to help in his own defense.

His mother, 60-year-old Gertrude Steuernagel, was found beaten in her home in January and died a week later. A professor at Kent State University, she once wrote publicly about coping with her son's aggressive behavior.

The judge's ruling is the best possible outcome for Walker, who is unable to grasp the concept of death, said Steuernagel's brother, Bill, who lives in Carolina Shores, N.C.

"What Sky did was horrific," he said. "Yet I firmly believe he does not know what happened."

Bill Steuernagel said his sister's relationship with Walker was akin to spousal abuse, though he had never witnessed his nephew behave violently."

She loved Sky so much, she did not want to report him to the authorities," he said. "Because she was afraid she'd lose him."

Because Walker no longer has relatives who live in Ohio, family members have been taking turns visiting him at the facility and will continue to do so, Steuernagel said.

Autism is a developmental disability that limits social interaction and communication skills, usually starting before age 3. Bill Steuernagel said the family wants to reiterate that Walker's problems with aggression are not typical of all autistic children.

"I don't want this whole thing to throw a black eye on autistic children," he said. "They need our help."

Walker's court-appointed guardian, attorney Deron Boring, said he could not comment on the ruling due to confidentiality laws.

Walker will remain at a state-run center in Toledo and be evaluated every six months by the court. The center's nine group homes serve about 160 people, most of whom have severe mental disabilities.

Before a mental evaluation in March, Walker spent about two months in a holding cell in the Portage County jail.

Sheriff's Lt. Gregory Johnson testified last week that deputies found Steuernagel on the floor of her kitchen with massive injuries to her face. A blood trail led through the house to the basement, where deputies found Walker, his bare feet splattered in blood, Johnson said.

Walker gave conflicting accounts of the attack, never able to speak in a complete sentence. At one point, he said he had "kicked momma" and "hurt momma" but another time denied he had injured her, Johnson said. In the house, he kicked a deputy in the face and had to be restrained with handcuffs and pepper spray, Johnson said.

A 2005 study in the Journal of the American Academy of Psychiatry and the Law reported on the cases of three autistic defendants charged with murder. Two were sent to prison mental health units; the third was acquitted.

But an autistic man was convicted in 2004 in San Diego of killing a 17-year-old, and a man with a form of autism got a life prison term in South Carolina for killing a family friend.

http://www.ajc.com/news/nation-world/autistic-murder-suspect-declared-138347.html

Copyright 2009, The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Fact Sheet: Inclusion of People with Disabilities in Thailand

“Decent work for people with disabilities”

From the International Labour Organization (ILO)
Skills and Employability Department
July 2009

Women and men with disabilities can and want to be productive members of society.

In both developed and developing countries, promoting more inclusive societies and employment opportunities for people with disabilities requires improved access to basic education, vocational training relevant to labour market needs and jobs suited to their skills, interests, and abilities, with adaptations as needed. Many societies are also recognizing the need to dismantle other barriers - making the physical environment more accessible, providing information in a variety of formats, and challenging attitudes and mistaken assumptions about people with disabilities.

Current Situation

Nearly two million women and men in Thailand, or approximately 3 per cent of the population, have a disability1. A majority of people with disabilities in Thailand live in rural areas.

Figures from National Statistics Office 2007 Survey show that 65 per cent of persons with disabilities over the age of 15 were unemployed. Among those employed, a small percentage worked in professional occupations while a majority (over 50 per cent) worked in agriculture and fishing. What is more, men with disabilities are more likely to have jobs than women with disabilities, 43 per cent and 28 per cent respectively2.

1 Thailand has as its formal name the “Kingdom of Thailand”. Estimates of the percentage of the national population with disabilities are based on 2007 National Statistics Office data.

2 2007 Survey on Health and Welfare National Statistics Office.

Governmental support for people with disabilities

The Government of Thailand has adopted and implemented a number of laws, Cabinet resolutions, regulations and policies pertaining to people with disabilities, including their right to productive and decent work and to basic services, workers’ compensation, social security and entrepreneurship development. The main ones are listed below.

• The Thai Constitution, adopted in 1997 and amended in 2007, contains anti-discrimination provisions based on physical or health conditions and guarantees accessibility to social welfare and services for persons with disabilities.
• The Persons with Disabilities’ Quality of Life Promotion Act B.E. 2550 (2007) is a comprehensive rights-based law for persons with disabilities and contains an antidiscrimination component. It repeals the Rehabilitation of Disabled Persons Act A.D.1991 (B.E.2534), which was the first law on disability in Thailand. The new Act establishes the National Commission for Promotion and Development of Disabled Persons’ Life Quality, which replaces the Office of the Committee for the Rehabilitation of Disabled Persons.

It also establishes an Office to implement recommendations of the Commission, and a fund to be managed by the Office for the rehabilitation of disabled persons.

• The National Persons with Disabilities’ Quality of Life Development Plan (Volume III) B.E. 2550–2554 (2007–2011), provides guidance for disability development practice for all authorities concerned.

• The Persons with Disabilities Education Act B.E 2551 (2008), promotes fairness of access to education and vocational training for all disadvantaged groups.

• The Declaration on Rights for People with Disabilities in Thailand (3 December 1998), approved and signed by the former Prime Minister, is a pledge made by the people of Thailand to persons with disabilities. It is now used as a reference in the provision of services for people with disabilities.

Key ministries responsible for people with disabilities

The Ministry of Social Development and Human Security is the principal Ministry responsible for policies, programmes and services relating to people with disabilities. It works in coordination with:

- The Ministry of Public Health
- The Ministry of Education
- The Ministry of Labour

Key international standards on disability and their status

• International Labour Organization (ILO) Convention concerning Discrimination in Respect of Employment and Occupation, 1958, (No. 111). Status: not ratified.
• ILO Convention concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983, (No. 159). Status: ratified, 11 October 2007.
• United Nations Convention on the Rights of Persons with Disabilities (2006) and Optional Protocol. Status: ratified on 29 July 2008. Optional Protocol not ratified.

Thailand also works to achieve targets set in the Biwako Millennium Framework for Action and Biwako Plus Five Towards an Inclusive, Barrier-free and Rights-based Society for the second Asian and Pacific Decade of Persons with Disabilities.

National organizations of persons with disabilities

- Thailand Association of the Blind
- Association of the Physically Handicapped of Thailand
- Council of Disabled People of Thailand (DPI-Thailand)
- National Association of the Deaf in Thailand
- Association for Persons with Intellectual Disability of Thailand

Organizations providing services to persons with disabilities

- Christoffel-Blindenmission (CBM)
- Handicap International

The role of the ILO

The primary goal of the ILO today is to promote opportunities for everyone, including people with disabilities, to obtain decent and productive work, based on the principles of freedom, equity, security and human dignity. The ILO works to achieve its goals of decent work for all through promoting labour standards, advocacy, knowledge building and technical cooperation services and partnerships, both within the ILO and externally. A Thai Decent Work Country Programme is currently being formulated (May 2009). It will establish the framework for ILO action towards achieving decent work goals.

In Thailand, a current ILO technical cooperation project on disability is “Promoting the Employabilityand Employment of People with Disabilities through Effective Legislation” (PEPDEL). Earlier phases of PEPDEL included the compilation of a country study on employment and training policies and practices which contributed to the building of a knowledge base on people with disabilities and to the sharing of examples of good practice; identification of priority and needs in consultation with government, representatives of workers’ and employers’ groups and disabled persons’ organizations; 4 support for the Review Group established to revise the Thai Rehabilitation Law of 1991, including arrangements for specialist commentary on the Persons with Disabilities’ Quality of Life Promotion Act at the draft stage; and development and pilot testing of a training curriculum on disability legislation, policies and their implementation at Ratchasuda College at Mahidol University.

The way forward

Productive and decent work enables people with disabilities to realize their aspirations, improve their living conditions and participate more actively in society. Ensuring a disability perspective in all aspects of policy and labour legislation, effective implementation and enforcement of existing disability laws and policies and providing for equal employment opportunities and training are among the factors that contribute to the reduction of poverty and to the social and economic inclusion of people with disabilities in Thailand.

Further information:
Emanuela Pozzan
Subregional Coordinator on Disability
ILO/Irish Aid Partnership Programme,
PEPDEL Project, Thailand
pozzan@ilo.org

http://www.ilo.org/wcmsp5/groups/public/---ed_emp/---ifp_skills/documents/publication/wcms_112307.pdf

Wednesday, September 23, 2009

Abercrombie To Back Off Appeal Of Discrimination Ruling

By Shaun Heasley
For Disability Scoop
September 21, 2009

Abercrombie & Fitch will no longer appeal a fine imposed after a judge ruled that one of the retailer’s Minnesota stores violated the rights of a teen with autism.

A judge ordered the clothing chain to pay more than $100,000 in fines after he found that the store discriminated against a 14-year-old with autism when employees would not allow the girl’s sister to accompany her in the dressing room.

The employees said they could not allow more than one person in a dressing room at a time even after the girl’s sister explained that she needed assistance due to her disability.

In addition to the fine, the judge ordered the retailer to alter its policies on serving customers with disabilities and post notices of the revised policy in Minnesota stores.

Abercrombie & Fitch appealed the decision, but the appeal was thrown out of court because it was not sent by certified mail, as is required by the Minnesota court. Now, a lawyer for the teen says Abercrombie & Fitch officials have indicated that they don’t intend to pursue the matter any further, reports the Minneapolis Star-Tribune. To read more click here.

http://www.disabilityscoop.com/2009/09/21/abercrombie-appeal/5483/

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and permissions click here.

Asperger’s Debuts On ‘The Amazing Race’

Look for Zev Glassenberg on the CBS reality show, "The Amazing Race".

By Michelle Diament
For Disability Scoop
September 21, 2009

Zev Glassenberg is set to be the first person with Asperger’s syndrome to compete on the CBS reality show The Amazing Race.

The show, which is in its 15th season, will follow Glassenberg, 26, pictured left, and his teammate Justin Kanew, 30, as they race against 11 other teams on a journey through eight countries in just 21 days. The winning team receives a $1 million prize.

Ahead of the show’s premiere September 27, Glassenberg spoke with Disability Scoop.

Disability Scoop: How did you decide to apply for The Amazing Race?

Zev Glassenberg: I’d been wanting to apply for the last seven seasons or so and then I finally asked my future teammate (his friend, Justin Kanew). I said, alright I’m going to set this up and we’re going to go and do it and we’re going to get on the race and that’s what we did. It was a dream of mine to go on the show and I did it. It’s one of my favorite shows and I thought it would be a really, really cool experience.

Disability Scoop: What about the show appealed to you?

Zev Glassenberg: It’s basically a scavenger hunt around the world and I like to do scavenger hunts, so why not do one around the world?

Disability Scoop: Had you ever done anything like this before?

Zev Glassenberg: No.

Disability Scoop: Your teammate Justin, was he in on this from the get-go too?

Zev Glassenberg: This was my thing. This is what I wanted to do. I needed a partner and he’s the one I chose. He had never seen the show.

Disability Scoop: What’s your relationship like with Justin?

Zev Glassenberg: He’s one of my very, very good friends. We met at a sports camp in Massachusetts in 2003 where we taught football together. We’re pretty much alike. He’s a little bit older than I am but we both have the same common interests – sports and hanging out and just having a good time.

Disability Scoop: When were you diagnosed with Asperger’s syndrome?

Zev Glassenberg: I’ve had it since I was 11. It really doesn’t mean much to my life. It’s just something I do and I guess I live with it. I don’t really spend too much of my life on that — it’s just something that’s there.

Disability Scoop: For a lot of people with Asperger’s the social aspects of being on a show like The Amazing Race would be difficult. Was that ever a concern for you?

Zev Glassenberg: It was a little overwhelming because I knew I’d be going to different places and traveling the world, but I knew I’d have my friend there with me.

Disability Scoop: Is there anything about having Asperger’s that would make you more or less likely to succeed in a competition like The Amazing Race?

Zev Glassenberg: No, I thought we had as good a shot as anybody to win the race. I just wanted to go and be myself and do my thing.

Disability Scoop: Before you were chosen to be on The Amazing Race, what was your life like?

Zev Glassenberg: I live with an older couple and their daughter (in Sherman Oaks, Calif.) and I had a job. But I got let go in January. I didn’t really look for a job too much because I knew I was going to be picked for the race. I hired a trainer. I knew I needed to be in good shape to run the race. I just wanted to have more stamina and get a little stronger.

Disability Scoop: What did your family and friends say when they found out you were going to be on the show?

Zev Glassenberg: They were really, really excited. Well, I knew I was going to get on the show when I applied because I wanted to go and be on the show. So when you put those things out there and they had never had a contestant like me, I knew I had a good chance to be on it. So I was feeling confident.

Disability Scoop: Did you talk about the fact that you have Asperger’s on your application?

Zev Glassenberg: Yes, that was one of the main things we talked about. We just said, I have Asperger’s and I guess they looked into it and thought it would be a good thing to have somebody who has Asperger’s on the show. I brought something different. Basically I was the special kid this season because last year there was Luke (who is deaf) and this year there’s me.

http://www.disabilityscoop.com/2009/09/21/the-amazing-race/5453/

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and permissions click here.

Facing Eviction, Schwarzenegger Aids Tenants With Disabilities

By Michelle Diament
For Disability Scoop
September 18, 2009

When Gov. Arnold Schwarzenegger heard Thursday that a group of people with developmental disabilities would be kicked out of their apartments, he swooped in to save the day.

Schwarzenegger read a story in the Los Angeles Times Thursday about a group of people with disabilities who were being evicted from a Monrovia, Calif. apartment building. The reason: the landlord said he was following rules that dictate that people under age 62 cannot live in senior housing.

In disbelief, Schwarzenegger stepped in personally to fix the situation after his own staff told him nothing could be done. The governor learned that the landlord had spent weeks digging through bureaucracy unsuccessfully trying to get the matter resolved.

In just two hours, however, Schwarzenegger was able take care of the problem and he secured a letter from the landlord saying that the residents would no longer be asked to leave, reports NBC4, the Los Angeles NBC affiliate. To read more click here.

http://www.disabilityscoop.com/2009/09/18/schwarzenegger-housing/4968/

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and permissions click here.

Tuesday, September 22, 2009

Campaign To Tackle Unemployment Among People With Disabilities

By Michelle Diament
For Disability Scoop
September 18, 2009

A national campaign to promote employment of people with disabilities will ask employers to look at this population in a new light.

The Campaign for Disability Employment, a new effort of the American Association of People with Disabilities, Special Olympics and a handful of other groups, is launching an initiative dubbed “What Can You Do?” It features a public service announcement and a new Web site where users can learn about employment issues and share their experiences.

The Web site also includes the winning videos from a contest put on by The Campaign for Disability Employment this summer. Videos show positive images of people with disabilities at work.

Jobs are particularly hard to come by right now for people with disabilities, employment statistics indicate. In August, this population experienced a 16.9 percent rate of unemployment, which is the highest rate on record since the U.S. Department of Labor began tracking such statistics in October 2008.

Meanwhile, the rest of the population was unemployed at a rate of just 9.3 percent. These numbers are not seasonally adjusted.

“The campaign is about raising expectations and changing perceptions of people with disabilities,” said Kathleen Martinez, assistant secretary for the Office of Disability Employment Policy at the U.S. Department of Labor.

“The employment outlook for people with disabilities will only improve when we have the opportunity to show the contribution we can make.”

http://www.disabilityscoop.com/2009/09/18/unemployment-disabilities/4974/

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and permissions click here.

Judge: NY Violated Disabilites Act With Mentally Ill

A federal judge said in a Tuesday ruling that the state health department violated the rights of mentally ill patients by housing them in inappropriate facilities.


By Barbara Benson, Crain's Health Pulse
September 08, 2009 7:01 PM

Advocates for the mentally ill won a big victory Tuesday when a federal judge ruled that New York is violating the Americans With Disabilities Act by providing inadequate services to residents warehoused in for-profit, privately run adult homes, including 44 in the city.

The judge gave Albany until mid-October to come up with a "remedial plan." The decision, by District Court Judge Nicholas Garfaufis, says that “in carrying out their administration of New York's mental health services system,” the state's departments of health and mental health denied thousands of New Yorkers “the opportunity to receive services in the most integrated setting appropriate to their needs.”

Supported housing, where individuals live in apartments but receive services, was seen by the court as a more appropriate setting. The lawsuit was filed by Disability Advocates. It is not yet known if the state will appeal the ruling to the Second Circuit.

Email: bbenson@crainsnewyork.com
http://www.crainsnewyork.com/article/20090908/FREE/909089977

http://www.crainsnewyork.com
© 2009 Crain Communications, Inc.

Endal

LONDON (Hollywood Reporter) - The true story of a heroic Labrador retriever is headed for the big screen.

By Stuart Kemp
Reuters Media
September 17, 2009

Indie producer Simon Brooks has optioned the movie rights to the story of Endal, "the most decorated dog in the world," who cared for a disabled Gulf War veteran, saving his marriage, and, on one occasion, his life.

Brooks has hired Juliette Towhidi ("Calendar Girls") to write a screenplay adapted from the life story of Royal Navy Chief Petty Officer Allen Parton.

Parton suffered crippling head injuries during the Gulf War and got Endal from the Canine Partners charity to assist with everyday chores, from picking items off a supermarket shelf to operating an ATM.

The service dog's story already has been told in Sandra and Allen Partons' book, "Endal: How One Extraordinary Dog Brought a Family Back from the Brink," and a TV documentary that aired earlier this year. Endal died in March at age 13.

Brooks' Canyon Creek Films production banner aims to start shooting the movie in the summer of 2010.

(Editing by SheriLinden at Reuters)

© Thomson Reuters 2009 All rights reserved

Monday, September 21, 2009

Law & Order: September 2009 Edition

September 21, 2009

by Astrid Fiano, Writer
DOTmed.com (press release) - New York,NY,USA

FTC Challenges Acquisitions by Carilion, Thoratec

The Federal Trade Commission (FTC) has authorized a lawsuit to block Thoratec Corporation's proposed $282 million acquisition of medical device maker HeartWare International, Inc. They also issued an administrative complaint challenging Carilion Clinic's 2008 acquisition of two outpatient clinics in the Roanoke, VA, area, according to FTC press releases.

In the Throatec case, the FTC says the acquisition transaction would "substantially reduce" competition in the U.S. market for left ventricular devices (LVADs). The FTC's administrative complaint alleges that Thoratec seeks to maintain its current monopoly by acquiring HeartWare, the only significant rival to Thoratec's LVAD market dominance. The FTC plans to seek a preliminary injunction in federal court to stop the transaction and limit harm to competition. The FTC says HeartWare's device, the HVAD, is currently in clinical trials and is positioned to be the next FDA-approved LVAD.

In the Carilion matter, the FTC notes that prior to acquisition the clinics in question-Center for Advanced Imaging (CAI) and the Center for Surgical Excellence (CSE)-"had strong reputations for offering high-quality care and convenient services at prices much lower than Carilion's." The FTC alleges Carilion's acquisition of these outpatient centers eliminated vital competition and will lead to higher health care costs. The complaint seeks divestiture of the centers and related assets necessary in order to restore the competition eliminated by the acquisition. A complaint is not a finding or ruling that the defendants have actually violated the law.

State: New North Carolina Law on Mental Health Facility Transparency

North Carolina Governor Bev Perdue has signed legislation increasing the transparency of state mental health, developmental disability and substance abuse facilities, and making more information in death records public. According to the Governor's press release, she had proposed the legislation in March with North Carolina Attorney General Roy Cooper.

"This legislation puts the safety of our patients first by ensuring that important information in death records is available to the public," Governor Perdue said on her website. "By increasing transparency, we will make state facilities more accountable to the people in their care, restore public confidence and rebuild public trust." AG Cooper stated, "More disclosure can shine a light on problems and help ensure patients' safety."

The legislation will require information regarding deaths in state facilities, such as the circumstances and manner of death, if known, to be public information. In addition, the records of criminal investigations conducted by any law enforcement unit of a State facility will be public record. The Secretary of the Department of Health and Human Services may also inform any person of any incident involving the welfare of a client, or former client, when the Secretary determines that the release of the information is essential to maintaining the integrity of the Department, unless disclosure is prohibited by State or federal law.

National: Amendment will allow study of antidepressant use and suicide rate among combat troops

U.S. Senator Benjamin L. Cardin (D-MD) has announced that the Senate has adopted his amendment 1475 to the National Defense Authorization Act. This amendment mandates a study of the increased use of antidepressants among combat troops and the effect of these drugs on mental health. In a press release, Senator Cardin said his introduction of the Amendment is based upon the disturbing increase of suicides and attempted suicides in the active military.

The senator stated: "It is imperative that we determine if the Department of Defense (DoD) is prescribing anti-depressants to its service members appropriately, including the necessary observation by a highly trained mental health provider. My concern is not the long-term efficacy of these drugs, but the sheer volume and manner in which these drugs are being administered to our service men and women overseas." The release says the Army's Fifth Mental Health Advisory Team 2007 report indicated 12% of combat troops in Iraq and 17% of troops in Afghanistan are taking prescription antidepressants or sleeping pills to cope with stress. The senator added nearly 40% of Army suicide victims in 2006 and 2007 might have taken some type of antidepressant drugs.

Senator Cardin's amendment has directives for the DoD to record the volume and types of antidepressants, psychotropics or anti-anxiety drugs being prescribed to the men and women serving in Iraq and Afghanistan. The amendment will also require the DoD, starting in June of 2010 and then annually through 2015, to report to Congress an accurate percentage of those troops that have been prescribed such drugs.

State: New York AG Announces Arrests in Medicaid Fraud

New York State Attorney General Andrew M. Cuomo has announced the indictment of six individuals and seven corporations charged in a Medicaid fraud scheme totaling $47,000,000. The AG's press release says in the past ten years, Alexander Levy, assisted by several cohorts, allegedly secretly controlled a string of health care entities to both illegally obtain payment for Medicaid recipients' treatment and also to launder the profits from the scheme. According to the press release, Levy had already been excluded from participation in Medicaid in 1997 for submitting false claims.

Levy had set up a series of corporations designed to conceal his control and ownership interest of various companies and medical clinics, the AG's release stated, and did not put his name on any documents filed with the New York State Department of Health. These companies billed Medicaid for millions of dollars of services. The Medicaid money was directed to the Levy-controlled health care entities through a series of bank accounts and transfers, and funneled to shell companies that he created and owned. Attorney General Cuomo has filed a civil forfeiture complaint against Levy, his cohorts, and a total of 16 corporations.

"This individual is accused of cheating New York taxpayers out of tens of millions of dollars through an elaborate money laundering scheme," Attorney General Cuomo said. "But as we have done before, we 'followed the money,' which led us to today's serious charges. Ensuring that Medicaid payouts are made only to those who rightfully deserve them has been a top priority of my administration." The charges against the defendants are accusations, and the defendants are presumed innocent until, and unless, proven guilty.

Federal: Nursing Home Executive Agrees to Permanent Exclusion

The Office of Inspector General (OIG) for the Department of Health and Human Services (HHS) has announced in a press release that the president and chairman of the board of Pleasant Care Corporation, Emmanuel Bernabe, has agreed to permanent exclusion from Federal health care programs. The exclusion follows an OIG investigation of Pleasant Care, concerning allegations of substandard care in Pleasant Care nursing facilities between 2003 and 2007.

Pleasant Care once was the second largest nursing home chain in the State of California, with more than 29 different facilities in 14 counties. Currently, Pleasant Care does not manage any nursing facilities or provide patient services. Bernabe had contested OIG's allegations and denied any liability. No judgment or finding of liability has been made against Bernabe. The OIG alleges in the press release that under Bernabe's management, Pleasant Care placed nursing home residents at risk through the level of care failing to meet professionally recognized standards. This included inadequate hydration and nutrition, failing to administer appropriate wound care and inadequate staffing levels.

"This settlement reflects our commitment to ensuring that executives who are ultimately responsible for care furnished in nursing homes are held accountable when those homes fail to provide quality care," said Inspector General Daniel R. Levinson, in the press release. "It is critical that boards and management make compliance with professionally recognized standards of care a priority at all levels of their organizations."

State: Maine Enacts New Laws to Improve Health Care

The state of Maine has recently enacted new laws to improve its state of medical care. In June, a law was enacted to increase transparency in the health insurance marketplace. Also, under a new law, Maine hospitals will perform targeted surveillance for methicillin-resistant Staphylococcus aureus in high-risk populations consistent with the federal Centers for Disease Control and Prevention guidelines.

In July, Governor John Baldacci signed legislation creating the Doctors for Maine's Future Scholarship Program. This law provides a tuition subsidy for Maine residents to support their medical education at various state medical school programs. "We have a need for more primary care physicians and those who serve in rural areas of the State," Baldacci said in a press release. "Research shows that doctors tend to settle near the hospitals where they complete their training. I know that given the chance, young doctors will stay in Maine." The tuition subsidy will cover half the cost of attendance annually up to $25,000 for eligible students in the medical school programs.

Baldacci also signed a law allowing pharmacists who meet certain requirements to administer several different vaccines, including influenza vaccine, pneumococcal vaccine, tetanus-diphtheria-pertussis vaccine and others. "This bill expands access to important preventive health care services," Governor Baldacci said in his press release. "In particular, I know the Maine Center for Disease Control supports the efforts to provide influenza vaccines to as many people as possible."

National: Senator Introduces Legislation to Ease Nationwide Nursing Shortage

Assistant Senate Majority Leader Dick Durbin (D-IL) has introduced legislation to remedy the U.S.'s nursing shortage which, according to the senator's press release, is expected to exceed one million by 2020. The Nurse Training and Retention Act builds on the current health care workforce through creation incentives for health care workers to become nurses and for current nurses to become nurse faculty.

"Everyone depends on nurses for quality patient care, yet the health care system in America lacks an adequate supply of nurses and the problem is getting worse," said Senator Durbin in the press release. "By 2020, the shortage in Illinois alone could exceed 21,000. Today's legislation proposes a new, innovative program that builds on our existing health care workforce - an important, but currently untapped resource. The debate in Congress over health care reform must include solutions that address this growing problem."

The new legislation would build upon the current health care workforce through a new grant program at the Department of Labor. It would also provide education and training to incumbent health care workers to earn a nursing certificate or degree it would also assist current nurses in obtaining specialty training or advanced degrees to serve as nurse faculty, which increases the capacity of nursing schools to train more nurses.

State: New Jersey Makes Tenth Arrest in Phony Dentist Case

New Jersey Attorney General Anne Milgrim reports that the Newark Police Department and investigators from the state Division of Consumer Affairs' Enforcement Bureau has arrested two men for unlicensed practice of dentistry, the ninth and tenth such arrests in New Jersey in the past year. A press release on the AG's website says Carlos Bello and Aristoteles Berenzon were arrested and charged with unlicensed practice of dentistry.

The AG's web site says that such unlicensed "dentists" operate out of residences, basements and dental laboratories. They have performed dental procedures and also administered prescription medications by both injection and dispensing drugs. These treatments have led to injuries for patients, including broken teeth, infections and unconsciousness. The prior undercover investigations resulted in arrests for unlicensed practice of dentistry, possession of a prescription legend drug, obtaining prescription drugs without a prescription, possession of hypodermic syringes and possession of a Controlled Dangerous Substance.

"Our Enforcement Bureau investigators are teaming up with local police departments to shut these so-called 'dentists' down. The public's health, safety and welfare are clearly being put at risk when unlicensed individuals attempt to practice dentistry," Attorney General Anne Milgram said in the press release. "The licensing requirements established by the Board of Dentistry ensure that those treating patients have the education and skills to do so," David Szuchman, Consumer Affairs Director, added.

National: Congresswoman Introduces Community-Based Health Care Retraining Act

Congresswoman Eddie Bernice Johnson (D-TX) introduced the Community-Based Health Care Retraining Act. The legislation would fund programs to retrain displaced workers for careers in health care jobs. The Act would also amend the Workforce Investment Act to provide $25 million in funding for qualifying community partnerships to either create retraining programs or expand those already in existence. The bill has been referred to the Committee on Education and Labor and to the Committee on Energy and Commerce.

"Displaced workers in the manufacturing, construction and service sectors need jobs, particularly now, during the most severe economic downturn in decades," Congresswoman Johnson said in a press release on her web site. "While some industries continue to contract, the health services sector remains robust. Funding programs that retrain workers for the health care professions is not only the right thing to do; it's the smart thing to do."

The project would create grants to eligible entities in order to pay for the Federal share of the cost to enable the entities to carry out programs, in covered communities, to train covered workers for employment as health care professionals. The grants would each be between $100,000 and $500,000 for a period of five years. Eligible entities would include local workforce investment boards serving the covered communities and institutions of higher education in partnership with facilities including health clinics, hospitals and long-term care facilities.

Property of and Proprietary to DOTmed.com, Inc. Copyright ©2001-2009 DOTmed.com, Inc.

VSA Arts and MetLife Foundation Announce “Arts Connect All” Grant Opportunity for Inclusive Arts Programs

VSA arts - Creating a society where people with disabilities can learn through, participate in, and enjoy the arts

September 16, 2009

WASHINGTON, D.C. - VSA arts and MetLife Foundation announce their 6th annual “Arts Connect All” grant opportunity for arts organizations to strengthen partnerships with local public schools by creating or enhancing inclusive educational programs. A maximum of ten grants of up to $15,000 each will be awarded to selected programs.

“Arts Connect All” has three primary goals: to enable more students with disabilities to experience social, cognitive, and cultural development through arts learning alongside their peers without disabilities; to create educational access and inclusion in the arts for students with disabilities; and to document the contributions that arts organizations make to inclusive education in public schools and communities.

“The goal of inclusive programs is to have students with and without disabilities learn together by doing the same thing, in the same place, at the same time,” comments Soula Antoniou, president of VSA arts. “Through our partnership with MetLife Foundation for ‘Arts Connect All,’ we’re able to encourage inclusiveness and increase access and awareness.”

“The arts play a vital role in promoting learning, strengthening education, and enriching communities,” states Dennis White, president and CEO of MetLife Foundation. “MetLife Foundation is proud to support efforts to bring arts education to all students. Through ‘Arts Connects All’ we hope to enable more students to participate in and learn through the arts.”
VSA arts and MetLife Foundation invite proposals from arts institutions creating or enhancing inclusive educational programs that: incorporate inclusive teaching practices; provide access to students with all types of disabilities; develop social, cognitive, and artistic skills; involve people with disabilities in planning and implementation; build staff, teacher, and/or artist knowledge and skill of inclusive practices; and collaborate with public schools, actively engaging students, parents, and school administrators.

Non-profit performing and exhibiting arts institutions?including museums, theaters, and multi-disciplinary arts presenters?that are creating or have established educational programs are encouraged to apply. Arts organizations in the following cities are eligible: Phoenix, Arizona; Los Angeles, California; San Diego, California; San Francisco, California; Denver, Colorado; Hartford, Connecticut; Tampa, Florida; Atlanta, Georgia; Baltimore, Maryland; Boston, Massachusetts; Detroit, Michigan; Minneapolis/St. Paul, Minnesota; Kansas City, Missouri; St. Louis, Missouri; Charlotte, North Carolina; Tulsa, Oklahoma; Portland, Oregon; Philadelphia, Pennsylvania; Pittsburgh, Pennsylvania; Providence, Rhode Island; Nashville, Tennessee; Houston, Texas; and Seattle, Washington.

Entries will be reviewed and evaluated by an independent panel of professionals with and without disabilities who work in accessible arts programming, arts education, and/or inclusive education. For more information regarding eligibility and selection criteria and to download an application, please visit www.vsarts.org.

About VSA Arts

VSA arts is an international nonprofit organization founded 35 years ago by Ambassador Jean Kennedy Smith to create a society where people with disabilities learn through, participate in, and enjoy the arts. VSA arts provides educators, parents, and artists with resources and the tools to support arts programming in schools and communities. VSA arts showcases the accomplishments of artists with disabilities and promotes increased access to the arts for people with disabilities. Each year 7 million people participate in VSA arts programs through a nationwide network of affiliates and in 54 countries around the world. VSA arts is an affiliate of the John F. Kennedy Center for the Performing Arts. For more information about VSA arts, visit www.vsarts.org

About the MetLife Foundation

MetLife Foundation was established by MetLife to carry on its long-standing tradition of corporate contributions and community involvement. Grants are made to support health, educational, civic, and cultural organizations and programs throughout the country. Recognizing the vital role the arts play in building communities and educating young people, MetLife Foundation contributes to the arts and culture by focusing on increasing opportunities for young people, reaching broader audiences through inclusive programming and making arts more accessible for all people. For more information about the Foundation, visit www.metlife.org.

Contact: Laura Broom/VSA arts (202) 628-2800, ext. 3883ljbroom@vsarts.org

© 2003-2007, VSA arts, www.vsarts.org

New Kit Allows For At-Home Autism Diagnosis

By Shaun Heasley
For Disability Scoop
September 15, 2009

Want to know if your child has autism? You may not need a doctor anymore. Makers of a new kit say they can screen for autism by monitoring just 16 hours of voice data taken at home.

Here’s how it works: Parents outfit their child in specially designed clothing that includes a slot for an audio recorder. Then, the recorder is placed in the slot and left on for 16 hours so that it can document a full day’s worth of sound. Once complete, parents send the recorder and completed questionnaire back to the kit’s makers for analysis and within a few weeks receive the results.

The kit, called LENABaby, relies on the fact that children with autism make different sounds than their peers.

The results from the screening kit are said to be 91 percent accurate in children as young as 24 months. The system is successful, the makers say, because children are assessed in their natural environment over the course of an entire day, reports Technology Review. To read more click here.

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and permissions click here.

What is Multiple Sclerosis?

Condensed from Multiple Sclerosis: Hope Through Research
National Institute of Neurological Disorders and Stroke (NINDS)

An unpredictable disease of the central nervous system, multiple sclerosis (MS) can range from relatively benign to somewhat disabling to devastating, as communication between the brain and other parts of the body is disrupted. Many investigators believe MS to be an autoimmune disease -- one in which the body, through its immune system, launches a defensive attack against its own tissues. In the case of MS, it is the nerve-insulating myelin that comes under assault. Such assaults may be linked to an unknown environmental trigger, perhaps a virus.

Most people experience their first symptoms of MS between the ages of 20 and 40; the initial symptom of MS is often blurred or double vision, red-green color distortion, or even blindness in one eye. Most MS patients experience muscle weakness in their extremities and difficulty with coordination and balance. These symptoms may be severe enough to impair walking or even standing. In the worst cases, MS can produce partial or complete paralysis. Most people with MS also exhibit paresthesias, transitory abnormal sensory feelings such as numbness, prickling, or "pins and needles" sensations. Some may also experience pain. Speech impediments, tremors, and dizziness are other frequent complaints. Occasionally, people with MS have hearing loss. Approximately half of all people with MS experience cognitive impairments such as difficulties with concentration, attention, memory, and poor judgment, but such symptoms are usually mild and are frequently overlooked. Depression is another common feature of MS.

Is there any treatment?

There is as yet no cure for MS. Many patients do well with no therapy at all, especially since many medications have serious side effects and some carry significant risks. However, three forms of beta interferon (Avonex, Betaseron, and Rebif) have now been approved by the Food and Drug Administration for treatment of relapsing-remitting MS. Beta interferon has been shown to reduce the number of exacerbations and may slow the progression of physical disability. When attacks do occur, they tend to be shorter and less severe. The FDA also has approved a synthetic form of myelin basic protein, called copolymer I (Copaxone), for the treatment of relapsing-remitting MS. Copolymer I has few side effects, and studies indicate that the agent can reduce the relapse rate by almost one third. An immunosuppressant treatment, Novantrone (mitoxantrone), is approved by the FDA for the treatment of advanced or chronic MS.

One monoclonal antibody, natalizumab (Tysabri), was shown in clinical trials to significantly reduce the frequency of attacks in people with relapsing forms of MS and was approved for marketing by the U.S. Food and Drug Administration (FDA) in 2004. However, in 2005 the drug’s manufacturer voluntarily suspended marketing of the drug after several reports of significant adverse events. In 2006, the FDA again approved sale of the drug for MS but under strict treatment guidelines involving infusion centers where patients can be monitored by specially trained physicians.

While steroids do not affect the course of MS over time, they can reduce the duration and severity of attacks in some patients. Spasticity, which can occur either as a sustained stiffness caused by increased muscle tone or as spasms that come and go, is usually treated with muscle relaxants and tranquilizers such as baclofen, tizanidine, diazepam, clonazepam, and dantrolene. Physical therapy and exercise can help preserve remaining function, and patients may find that various aids -- such as foot braces, canes, and walkers -- can help them remain independent and mobile. Avoiding excessive activity and avoiding heat are probably the most important measures patients can take to counter physiological fatigue. If psychological symptoms of fatigue such as depression or apathy are evident, antidepressant medications may help. Other drugs that may reduce fatigue in some, but not all, patients include amantadine (Symmetrel), pemoline (Cylert), and the still-experimental drug aminopyridine. Although improvement of optic symptoms usually occurs even without treatment, a short course of treatment with intravenous methylprednisolone (Solu-Medrol) followed by treatment with oral steroids is sometimes used.

What is the prognosis?

A physician may diagnose MS in some patients soon after the onset of the illness. In others, however, doctors may not be able to readily identify the cause of the symptoms, leading to years of uncertainty and multiple diagnoses punctuated by baffling symptoms that mysteriously wax and wane. The vast majority of patients are mildly affected, but in the worst cases, MS can render a person unable to write, speak, or walk. MS is a disease with a natural tendency to remit spontaneously, for which there is no universally effective treatment.

What research is being done?

The National Institute of Neurological Disorders and Stroke (NINDS) and other institutes of the National Institutes of Health (NIH) conduct research in laboratories at the NIH and also support additional research through grants to major medical institutions across the country. Scientists continue their extensive efforts to create new and better therapies for MS. One of the most promising MS research areas involves naturally occurring antiviral proteins known as interferons. Beta interferon has been shown to reduce the number of exacerbations and may slow the progression of physical disability. When attacks do occur, they tend to be shorter and less severe. In addition, there are a number of treatments under investigation that may curtail attacks or improve function. Over a dozen clinical trials testing potential therapies are underway, and additional new treatments are being devised and tested in animal models.
In 2001, the National Academies/Institute of Medicine, a Federal technical and scientific advisory agency, prepared a strategic review of MS research. To read or download the National Academies/Institute of Medicine report, go to: "Multiple Sclerosis: Current Status and Strategies for the Future."

NINDS health-related material is provided for information purposes only and does not necessarily represent endorsement by or an official position of the National Institute of Neurological Disorders and Stroke or any other Federal agency. Advice on the treatment or care of an individual patient should be obtained through consultation with a physician who has examined that patient or is familiar with that patient's medical history.

All NINDS-prepared information is in the public domain and may be freely copied. Credit to the NINDS or the NIH is appreciated.

Last updated September 15, 2009

Friday, September 18, 2009

POWERFUL TOOLS for Caregivers

A free 6-week class that focuses on supporting caregivers of individuals with developmental disabilities. This highly successful national program will give caregivers tools to increase self-care and confidence.

Thursdays
October 29 – December 10
1:00 PM – 2:30 PM at
AADD, Inc.
1440 Dutch Valley Place, Suite 200
Atlanta, 30324

Please register by October 15 with Riki Bolster at
riki@aadd.org or 404-881-9777x223

In the six 1½ hour classes, caregivers will develop a wealth of self-care tools to: reduce personal stress; change negative self-talk; communicate their needs to family members and healthcare/ service providers; communicate more effectively in challenging situations; recognize the messages in their emotions, deal with difficult feelings; and make tough care giving decisions. Class participants will also receive a copy of The Caregiver Helpbook, developed specifically for the class.

Note: Class size is limited.

Georgia Council on Developmental Disabilities Advisory Members

The Georgia Council on Developmental Disabilities is accepting applications from individuals with developmental disabilities who are interested in becoming Advisory Members of the Council. We will accept applications until December 1, 2009.

In January, 1998, the Governor's Council on Developmental Disabilities created a membership category called advisory member. These are individuals with developmental disabilities and family members not appointed by the Governor to the Council but who are valuable in understanding the needs and issues in Georgia. Advisory members have a better understanding of how the Council operates and its mission. After having served a two-year term, advisory members are recommended to the Governor to serve as full Council members as openings became available. Like full Council members, advisory members are expected to attend Council and committee meetings, take responsibility and follow through on assignments, and open doors to communities that they participate in. Each member is expected to develop certain skills such as to learn more about local, state, and federal issues impacting people with developmental disabilities and their families.

Description of Advisory Membership:

1. The Council will accept up to six advisory members at any time.
2. Each advisory member will serve only one two-year term.
3. Advisory members are expected to attend quarterly Council meetings, participate on atleast one standing committee, and attend Council sponsored events.
4. Advisory members may participate in all discussions of committees and full Council butdo not have voting privilege.
5. Advisory members must follow the same standards and policies as Council membersincluding conflict of interest and travel policies.
6. Advisory members are entitled to travel and participate in all Council activities includingreimbursement for travel, childcare and personal assistance.
7. Advisory members may request funds to travel to events in Georgia or other parts of thecountry. These requests must receive approval from the Council Chairperson inconsultation with the Executive Director.
8. One Advisory member will be elected to serve on the Council's Executive Committee.

Council Member Attendance Policy

The Council recognizes the importance of members attending quarterly and committee meetings. Recognizing the importance of attendance, the Council's by-laws state that If a Council member is not in attendance at two successive official business meetings, the Executive Board may consider whether to request of that Council member his or her voluntary resignation from the Council.
1. The Chairperson will contact any individual who has missed two consecutive meetings and determine why the individual has missed meetings. The Chairperson will stress the importance of attending meetings and determine the individuals commitment to Council.
2. The Chairperson will send a follow-up letter to the individual emphasizing the importance of attending meetings and explaining the process for member removal if the individual continues to miss meetings. The Executive Board will receive a copy of this letter.
3. If the individual misses a third meeting, the Chairperson will call the individual and explain that he/she is in jeopardy of being removed from the Council.
4. The Chairperson will send a letter to the individual explaining that procedures will be taken to remove the individual from Council. At that time, the individual may request a meeting with the Executive Board to explain any circumstances for missing meetings.The Executive Board will determine whether to ask for the individuals resignation or request removal by the Governor. The Executive Board will receive a copy of all correspondence.

Please click on the link below to view and print application; you may also go to the Georgia Council on Developmental Disabilities website at gcdd.org, scroll down and click on the Advisory Member Application. No faxes will be accepted.

http://www.ciclt.net/ul/gcdd/ex-officio application.pdf

DNA Evidence Frees Man After 26 Years in Broward Jail

Judge ordered his release after DNA test raised doubt about conviction

By Paula McMahon
South Florida Sun Sentinel
9:04 p.m. EDT, September 10, 2009


FORT LAUDERDALE - Anthony Caravella walked out of the Broward County jail on Thursday a free man — at least temporarily — for the first time in close to 26 years."

I can't even tell you how excited I am. I think being free hasn't really hit me yet," Caravella told the Sun Sentinel. "It's strange, everything is different."

A judge ordered Caravella, 41, released after a recent test excluded him as the source of DNA found on the body of a Miramar woman he was convicted of raping and murdering in 1983. Broward prosecutors asked for him to be set free, for now, while they reinvestigate the case.

The last time Caravella was free, he was 15 years old, Ronald Reagan was serving his first presidential term, Michael Jackson's Thriller album topped the charts and a gallon of gas cost $1.24.

His impressions after the 20-minute drive from jail to the Davie home where he'll be living for the foreseeable future: People dress differently than in the 1980s, and traffic in Broward is much worse.

Being free after so long, it seemed, was intimidating and overwhelming.

He walks with his hands behind his back, a habit he picked up from being frequently handcuffed during incarceration. When a door opens, he stands by it, waiting to be told if it's OK to enter. He's worried he'll get lost if he walks outside. He can't quite believe that he can decide what to do, and when."

I'm so used to people telling me what to do and now I'm on my own," he said.

Caravella, who has an IQ of 67, wants to work and hopes someone will give him that chance. He'd like to go to a Miami Dolphins game and, some day, maybe even visit Disney World.

Caravella was reunited with his brother, Larry Dunlap, 30, and sister, Angela Butler, 43, in the lobby of the jail in downtown Fort Lauderdale. He grabbed their hands, then hugged them tightly before embracing and thanking his lawyer, Chief Assistant Public Defender Diane Cuddihy, and a Sun Sentinel reporter, both of whom worked on his case since 2001."

I believe the world's big enough to start over," Caravella said. "Do I feel bitter? How do you answer that?"

The first thing Caravella did after his release was visit the mausoleum where his mother's remains are interred. Lorraine Buckels died at age 63 in July 2001, shortly after legal efforts began to overturn her son's conviction.

She always believed he was wrongfully convicted and constantly reminded her other children of his plight. On her death bed, she made her children promise they'd keep trying to free him.

Caravella, who grew up in Miramar the eighth of 11 children, wasn't allowed out of prison to attend her funeral. He spent somber minutes staring up at the marble plaque that marks her resting place at the Forest Lawn cemetery in Davie. "I just wanted her to know I walked out," he said.

Then, he told his brother and sister: "I want to go home.

"Waiting for him there was "an Italian feast" of cheese-stuffed pasta shells, meatballs and "Mom's special sauce" — a secret family recipe. He may never eat turkey again, he said, because it seemed most of his prison meals contained turkey dogs, turkey burgers or turkey something else. He's seen an ad for McDonald's sundaes and he'd like to try one.

Caravella confessed to the rape and murder of Ada Cox Jankowski, 58, in five statements the defense said Miramar police beat and coerced from him.

Caravella was serving life in prison when his youngest brother, Dunlap, read newspaper stories about DNA exonerations. Dunlap called a Sun Sentinel reporter in 2001 and said, "I think my brother's in prison for something he didn't do." He asked if DNA testing, unavailable in 1983, might help.

The reporter found issues for concern in the case and asked the Public Defender's Office to help the family. Cuddihy began an eight-year effort to clear Caravella. "I can't tell you [why I thought he was innocent]," Cuddihy said. "I just believed him.

"Broward prosecutor Carolyn McCann agreed to DNA testing on the surviving evidence and in 2001, Broward Sheriff's Office lab workers said there was nothing to implicate or exonerate Caravella. They also said there was no testable semen on the evidence.

But Cuddihy never gave up. She said she kept the two large boxes of files by her desk and joked that she tripped over them every day for the past eight years. "I couldn't bear to put them away," she said.

Earlier this year, prosecutors agreed to let the defense have the evidence tested at a private California lab. Last week, the results excluded Caravella as the source of the DNA and turned up the genetic profile of an unidentified male.

Legal technicalities kept Caravella in jail two days longer than the judge mandated. Because he was convicted of Jankowski's rape, the Department of Children & Families had to determine whether he should be civilly committed after his prison sentence. DCF agreed Thursday that he should be released. Caravella must still wear a GPS monitor, obey an 11 p.m. curfew, submit to random drug tests and report daily to pretrial release officers.

The legal battle is not over. Cuddihy has filed a legal request asking a Broward judge to exonerate Caravella and permanently free him. In the petition, she noted the test results, as well as several aspects of Caravella's confessions that contradict physical evidence, allegations Caravella was hit and coerced with promises he could get his then-girlfriend out of trouble, and other concerns she said undermine the validity of the conviction. Broward prosecutors are continuing their investigation. A court hearing has not yet been scheduled.

Paula McMahon can be reached at pmcmahon@SunSentinel.com or 954-356-4533.

Copyright © 2009, South Florida Sun-Sentinel