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On the Horizon…
With the conclusion of the NYS
budget negotiation for FY 2003-04, advocates will be focusing their efforts on
the proper implementation of three new laws vital to people with
disabilities.
The new "Most-Integrated
Setting" (MIS) law is designed to help New York State comply with the
1999 Olmstead U.S. Supreme Court decision. A coordinating council will develop
a comprehensive statewide plan to reverse institutional bias against people
with disabilities. State agencies will then be given a year to finalize their
implementation plans. The new law was scheduled to become effective in December
2002. Unfortunately, the appointment process to the council has been delayed
and the body has yet to be convened. Numerous statewide groups fought off
damaging language recommended in the executive budget, which would have reduced
the council to an ineffective paper processing body. Three questions remain: 1)
when will the final appointments be made, 2) when and where will the first
meeting take place, and 3) how effective will the council members be,
especially if there is limited consumer representation? Advocates want answers
and action from our state leaders. The process must move forward.
Despite a three-month delay,
advocates are genuinely eager for the start of the state's new Medicaid
Buy-In (MBI) program. Starting in July 2003, the MBI will help to
remedy the 70% unemployment rate experienced by people with disabilities. Too
often, New Yorkers with disabilities have been forced to choose their health
care coverage over a job. Private employers do not have health care plans that
meet the comprehensive needs of many disabled individuals. Since Medicaid is
the only program available that does meet these needs, people with disabilities
have sacrificed work to accept a life of poverty just to remain eligible for
Medicaid coverage. The buy-in encourages a person with a disability to work and
keep their Medicaid. The cost is offset by an increase in state tax revenue and
premium payments. When possible, private employer health care plans will act as
a "wrap around" to save additional dollars. Participants earning less than
$25,000 a year will not have to pay a premium to encourage entry into the
program. All other individuals will have to pay a premium based on a sliding
scale. MBI eligibility is determined by the following factors. The person must:
1) Have a disability as defined by the Social Security Administration, 2) Be at
least 16 years of age, but not older than 65, 3) Be engaged in paid work (part
or full-time), 4) Have a gross annual income that does not exceed $46,170 for
an individual or $61,870 for a couple, and 5) Have non-exempt resources that do
not exceed $10,000. Individuals can enroll into the program at their local
Department of Social Services.
The Federal Help America Vote
Act (HAVA) will provide New York State with over 200 million dollars
for election reform. Among other things, it will provide resources to replace
voting machine technology, recruit and train poll workers, evaluate the
accessibility of polling sites, and establish a statewide voter database.
Overall, HAVA will increase access to vote for people with disabilities,
including the ability to cast an independent ballot. The state has convened a
task force to assist in the development of a state plan that will prioritize
the use of these resources. It is extremely important that advocates be
involved in this process. The following activities are recommended: 1) Submit
written testimony to support and/or recommend improvements to the HAVA state
plan, 2) Attend and/or give oral testimony at one of three scheduled HAVA state
plan hearings, 3) Take every opportunity to test new voting technology and give
feedback to vendors so that they can develop a product that is ADA and HAVA
compliant, 4) Be ready to express your concerns if a voting machine vendor
ignores or refuses to make their product accessible, especially if they are
competing for a state contract, 5) Inform local elections officials if you are
aware of any polling sites that are not accessible, 6) Contact local elections
officials if you are interested in being a polling place worker, and 7) Make
sure you are registered to vote and turnout to vote on Election Day!
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