Patti's Blog - Advocate for Elders, People with Disabilities and Their Families

Political satire is just blank, not pointed

Patti's Comments:  I have not seen this yet, but I am sure like many of his movies this one will become a favorite of mine...

From Freep.com: (click for entire review)

"This John Cusack-driven exercise in scorched-earth political comedy is neither as dark nor as timely as intended, and certainly not as funny."

A Life Transformed By United Cerebral Palsy

Below is an article from Newt Gingrich’s newsletter.  He was the opening speaking at the UCP National Conference in Washington.

"Finally, today I want to mention a remarkable organization that is doing remarkable things for people with disabilities.

This past Thursday, I had the privilege to speak to the leadership of a wonderful organization and member of the Center for Health Transformation, United Cerebral Palsy. UCP may be one of the most effective organizations you've never heard of. Through their network of affiliates, they provide care to more than 30,000 people with disabilities each day. They approach their work with energy, wisdom and tremendous creativity.

To give you a sense for how this truly 21st century organization operates, their CEO, Steve Bennett, spent several weeks this past November in briefings across Silicon Valley to understand where technology is heading and how it can be put to use immediately to transform the lives of the 54 million Americans with disabilities. This is exactly the approach we need throughout our health system. Click here to learn more about this organization and how you can help.

One example of the wonderful results UCP and its affiliates can deliver is a remarkable girl named Gina. When Gina was just 2 years old she was diagnosed with autism. She did not really start speaking any words until after age 3. Last Thursday, at the age of 6, she sang the National Anthem as beautifully as I've ever heard it sung. You owe it to yourself to read her story here, and if you are planning an event you couldn't find a better person to open it with the National Anthem."

Medicare Savings vs. the Lobbyists

Patti's Comments:  I agree with this, but then why is it ok for Medicaid to pay less than fair market rate for services and equipment?

From The New York Times: (click for entire article)

To cut costs and reduce fraud in one corner of the sprawling Medicare program, Congress called for competitive bidding on medical equipment that is provided to elderly and disabled Americans and set a sensible schedule for phasing in the program. Demonstration projects were held, the results looked promising, and last year Medicare received competitive bids from companies to supply equipment in 10 metropolitan areas. With those companies about to start selling their wares next month, Congress has bowed to pressure from the losing bidders. The House approved legislation Tuesday that would terminate the contracts and delay the launch for 18 months. In the Senate, key committee leaders are leaning toward a delay. This backtracking inevitably makes one wonder if major reform will ever be possible in a medical marketplace dominated by imperfect government bureaucracies and private lobbyists bent on resisting governmental reforms. There is little doubt that Medicare has been paying far too much for equipment — including wheelchairs, hospital beds, oxygen concentrators, diabetic test kits, and walkers — under fee schedules based on historical charges.

Pooled Accounts Trust

Patti's Comments: Second opinion stating that it is not divestment to use a pooled trust for a person over the age of 65.  Congratulations to Sandy, Art, and especially HARLEY---for their successful defense of the Pooled Accounts Trust of Springhill Housing Corporation.

From State of Michigan State Office of Administrative Hearings and Rules:  (click below for pdf document)

Hearing Decision:  Download pat_over_65_alj_opinion.pdf

The Estate-Tax Puzzle is Becoming Clearer

Patti's Comments: This is a great overview of how things stand on the Federal Estate Tax.

From Kiplinger.com:  (click for entire article)

Notice to anyone who has been using the uncertainty surrounding the federal estate tax as an excuse to avoid estate planning: The jig is up! Ironic as it may seem amid all the uncertainties of this election year, the future of the estate tax is more certain now than it has been in years.

Struggle over legal powers can add insult to infirmity

Patti's Comments: I love powers of attorney, but folks need to be aware that bad people can still use good planning to harm those they are charged with protecting. This is a sad commentary on our society. I urge you all to watch for the abuse of venerable citizens at all times.

From HeraldTribune.com:  (click for entire article)

The "power of attorney" is supposed to provide a safety net to seniors, by allowing relatives or professionals to oversee finances or medical care. But because the authority is unregulated and not monitored by either courts or law enforcement, it has huge potential for abuse, experts say. In cases throughout Florida, so-called "attorneys-in-fact" have taken advantage of their power by illicitly siphoning off fortunes or exploiting those they are charged with aiding. Formal statistics are lacking, but experts believe millions of dollars are stolen from seniors every year.

Landmark Settlement for Individuals with Brain Injuries

Patti's Comments:  Congratulations to the 2,000 people who will be free soon as a result of this settlement.

From Business Wire: (click for entire article)

Nearly 2000 individuals with brain injuries will be able to move out of nursing facilities and other institutions under a landmark settlement agreement signed today by state officials and attorneys for the plaintiffs.

The settlement resolves a class action lawsuit, Hutchinson v. Patrick, which was filed in US District Court in Springfield last year on behalf of five individuals, the Brain Injury Association of Massachusetts (BIA-MA) and the Stavros Center for Independent Living. The complaint charges that the Commonwealth is violating the Americans with Disabilities Act for failing to provide adequate community services.

“This is a historic moment for persons with brain injuries in Massachusetts, many of whom have been unnecessarily institutionalized in nursing facilities, often for decades,” said Steven J. Schwartz of the Center for Public Representation, lead counsel for the plaintiffs. “As a result of the settlement, close to 2000 persons with brain injuries finally will be able to live in integrated settings, nearer to their families and their home communities.”

Bazelon Center Celebrates House Action on ADA Amendments Act

Patti's Comments:  This is great news, thank you to all that called in support of the ADA. For more information see the links below.

From Bazelon Center for Mental Health Law: (click for entire article)

By an extraordinary margin of 402-17, the House of Representatives passed the ADA Amendments Act to reverse Supreme Court holdings that had deprived many people with disabilities of the law’s vital protections. The bill would restore the intent of Congress when it enacted the Americans with Disabilities Act (ADA) in 1990. Please visit http://clerk.house.gov/evs/2008/roll460.xml to see your Representative's vote and say thank you by phone, postcard or email. (See How to Contect Your Lawmakers.)

In this fiscal crisis, Michigan must not abandon its foster children

Patti's Comments:   I could not agree with this opinion article more! All of these kids are covered by Medicaid, and should have basic services, as well as their health and safety needs cared for!

From Michigan Liberal.com: (click for entire article)

At the end of May, settlement talks broke down for the second time in a federal class action lawsuit against the Michigan Department of Human Services. Children's Rights, a nonprofit child advocacy group, initiated the suit in 2006 alleging that Michigan violates the constitutional, statutory and federal common law rights of almost 19,000 children currently in its foster care system by failing on every level to deliver basic services to keep them safe. The group relies on several studies that show funding cuts over the last 20 years have resulted in a mismanaged, overburdened, and ineffective safety net for Michigan's foster children. State officials acknowledge the problems but claim the state does not have resources to implement the changes needed to make the system viable. In fact, despite funding increases for foster care programs instituted by Gov. Jennifer Granholm last year, experts estimate that an additional $130 to $150 million is needed in the upcoming fiscal year to initiate the changes demanded in settlement talks. With analysts now projecting a $472 million budget deficit for next year, such spending increases are practically impossible.

Brain Injury Association of Michigan Outlines the Current State of Brain Injury

Patti's Comments:  Important and timely information is included in this press release. Please say yes to helmets!

From CNBC.com: (click for entire press release)

The number of Michigan residents living with traumatic brain injury (TBI) is growing, according to the second annual report from the Michigan Department of Community Health's (MDCH) Traumatic Brain Injury Services and Prevention Council.

Non-fatal hospitalized TBI cases in the state increased 19 percent, from 8,612 to 10,220 per year, between 1999 and 2005, while the number of TBI fatalities decreased about 2 percent. According to the Brain Injury Association of Michigan (BIAMI) the following issues could have a profound impact on Michigan taxpayers, the number of Michigan residents who sustain a brain injury, and the cost and availability of care and rehabilitation.