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

From Danny's Miracle Angel Network: Local 4 News Featured a Story on DMAN!!

https://www.youtube.com/watch?v=pTqSmw_Epq8&feature=youtu.be

 

 

Music can have an effect on many people, but for recording artists at a studio in Ferndale, it's therapeutic in a very special way.

A Metro Detroit rapper, named Tony, was in the studio listening to his latest recording called "The Wheelchair Anthem." It's a song he recorded at D-MAN music studio.

"I'm a quadriplegic," artist Anna Pannell said. "I got into an accident when I was 1 year old."

Pannell is a local DJ who goes by the stage name D.J. Milaika. For her and the other artists producing music at the studio, it's therapeutic.

"It helps me cope with my injury," Pannell said. "It makes me feel like I'm in a different world."

Everything in the recording studio is customized to make it handicap accessible.

"As far as the physical layout of it, extra wide hallways, extra wide doors, lots of stuff on wheels," D-MAN founder Ziad Kassab said. "Everything here is adjustable based on the type or the level or the height of the chair. The desk can go up and down so that the clients are able to use them."

Even the technology allows the artists to control the computer mouse and other devices with their mouths to create new music. A music therapist and audio engineer are also available to help.

"We've got some really amazing talent down here," Kassab said.

Kassab founded D-MAN with his brothers in 2013. It stands for Danny's Miracle Angel Network. Kassab lost his brother in 2009. Danny had been confined to a wheelchair after a car crash at a young age. He loved music, so his brothers wanted to help others in similar situations.

"Knowing him, he's probably say, 'Never give up. Keep going,'" Kassab said.

From AAPD: ACTION ALERT! Support the EMPOWER Care Act and Community Living Join Today's National Call-In Day!

The American Association of People with Disabilities (AAPD) is a convener, connector, and catalyst for change, increasing the political and economic power of people with disabilities. View this email in your browser ACTION ALERT! Support the EMPOWER Care Act and Community Living   Join Today's National Call-In Day!     Money Follows the Person (MFP) is a Medicaid program that has helped over 75,000 people with disabilities and seniors move out of nursing homes or institutions and back into their communities. MFP restores the dignity and liberty of people with disabilities by promoting and supporting choice and community living. Funding for the MFP program expired in 2016, and states have already scaled back their plans by approximately 40%. We need your help and advocacy to get the Senate and House of Representatives to pass the bipartisanEMPOWER Care Act (S.2227 and H.R.5306), which would extend and improve the MFP program. Last year was the first time that the number of people that transitioned to the community had declined. By passing the EMPOWER Care Act and funding the Money Follows the Person program, Congress can help more people with disabilities transition out of institutions and nursing homes and back into the community. Without action NOW, more people will be trapped in institutions.   Help people living in nursing facilities and other institutional settings move back into their communities!   LINK HERE FOR TOOL TO CONTACT MEMBERS OF CONGRESS     Take Action Use the advocacy tool below to send an email, tweet, and Facebook post directly to your Senators and Representative to tell them to support the EMPOWER Care Act and fund the MFP program.

NAELA Urges Passage of Bill to Transition People with Disabilities Back to Home

Here is the link, full text below. 

In recognition of the 19th anniversary of the Supreme Court’s Olmstead decision, NAELA urges Congress to fund the program that gets people out of nursing homes and back into the community.

 

WASHINGTON (PRWEB) JUNE 22, 2018

Today marks the 19th anniversary of the Supreme Court’s ruling in Olmstead v. L.C., which recognized that under the Americans with Disabilities Act, individuals with disabilities have a qualified right to state-funded supports and services in the community.

The United States unfortunately has a long, shameful history in segregating and unnecessarily institutionalizing people with disabilities. While progress has been made since Olmstead, many people with disabilities are still trapped in nursing homes due to the fact that the Medicaid program mandates this form of coverage, but makes home and community-based services (HCBS) optional.

This anniversary, NAELA joins a coalition of aging and disability groups to urge Congress to pass the bipartisan Empower Care Act. The legislation would renew the Money Follows the Person Medicaid demonstration project (MFP). MFP has helped more than 75,000 seniors and people with disabilities move out of nursing homes and back to the community. Unfortunately, MFP expired in September 30, 2016. All participating states will run out of funding by the end of the year.

“Individuals with disabilities want to live the American dream just like everyone else. Money Follows the Person allows them to get back home, where they can work, study, and contribute to their communities,” said NAELA President Michael J. Amoruso, Esq., Fellow, CAP.

About NAELA 
Members of the National Academy of Elder Law Attorneys (NAELA) are attorneys who are experienced and trained in working with the legal problems of aging Americans and individuals of all ages with disabilities. Upon joining, NAELA member attorneys agree to adhere to the NAELA Aspirational Standards. Established in 1987, NAELA is a non-profit association that assists lawyers, bar organizations, and others. The mission of the National Academy of Elder Law Attorneys is educate, inspire, serve, and provide community to attorneys with practices in elder and special needs law. NAELA currently has members across the United States, Canada, Australia, and the United Kingdom. For more information, visit NAELA.org.

United States Files Complaint to Stop Louisiana Company and its Owners From Distributing Adulterated Food

Full text below or click here for link. 

 

 

Department of Justice

Office of Public Affairs

---

FOR IMMEDIATE RELEASE

Friday, June 22, 2018

United States Files Complaint to Stop Louisiana Company and its Owners From Distributing Adulterated Food

WASHINGTON – The United States filed a civil complaint against Freshy Foods, LLC of Elmwood, Louisiana, its co-owner and Chief Executive Officer Floyd D. James, and its co-owner and President Ida M. James (defendants) to stop them from manufacturing and distributing adulterated food in violation of federal law, the Department of Justice announced today. 

According to the complaint, defendants prepare, manufacture, process, pack, label, hold, and distribute refrigerated, ready-to-eat (RTE) food, including sandwiches, wraps, salads, fruit cups, and snack cups.  The complaint, filed in the U.S. District Court for the Eastern District of Louisiana, alleges that the RTE food that defendants prepare, manufacture and/or distribute is adulterated in that it has been prepared, packed, or held under insanitary conditions whereby the food may have been contaminated with filth or rendered injurious to health.  The allegations in the complaint apply to RTE food regulated by the U.S. Food and Drug Administration (FDA).  

The Department filed the complaint at the request of the FDA.  

“The Department of Justice is committed to ensuring that food manufacturers and distributors comply with laws designed to protect consumers,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.  “The Department of Justice continues to work actively with the FDA to ensure that consumers are protected from potentially unsafe food.”  

The complaint alleges that a July 2017 inspection by FDA of Freshy Foods’ facility established that RTE food that defendants prepare, manufacture and/or distribute is adulterated.  Specifically, according to the complaint, FDA found evidence of a resident strain of Listeria monocytogenes (L. mono) in the facility.  The complaint alleges that in addition to the July 2017 inspection, federal and state government agencies have found L. mono in Freshy Foods’ facility or in defendants’ RTE sandwiches on six separate occasions.   

According to the complaint, the Florida Department of Agriculture and Consumer Services (FDACS) found L. mono in one of defendants’ sandwiches in 2013 and in another of defendants’ sandwiches in 2016.  In addition, the complaint alleges that the U.S. Department of Agriculture (USDA) inspected Freshy Foods’ facility in June 2017, collected environmental subsamples from the facility, with three subsamples testing positive for L. mono.  

The complaint states that FDA compared positive L. mono samples collected by FDA in July 2017, April 2017, and April 2016; by USDA in June 2017; and by FDACS in March 2016 and December 2013.  According to the complaint, lab analysis identified a resident strain of L. mono, which has persisted in Freshy Foods’ facility since at least 2013, as well as a second, non-resident strain of L. mono at the facility.

As noted in the complaint, L. mono is one of several bacteria contained within the Listeria species.  According to the complaint, L. mono can causes listeriosis, a disease commonly contracted by eating food contaminated with the bacterium.  The complaint notes that Listeriosis can be serious, even fatal, for vulnerable groups such as newborns and those with impaired immune systems, and that the most serious forms of listeriosis can result in meningitis and septicemia.  

The complaint alleges that defendants violated the Federal Food, Drug, and Cosmetic Act by causing adulterated food to be introduced into interstate commerce or delivered for introduction into interstate commerce.  It also alleges that the defendants further violated the law by causing food to become adulterated while it was being held for sale after the shipment of one or more of its components in interstate commerce.

“Southeast Louisiana is famous for its delicious food and regardless of where it is ultimately consumed, food originating from our District should be safe,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “This complaint furthers the Eastern District of Louisiana’s mission to protect and improve the quality of life for consumers both here and throughout the states where Freshy Foods, LLC’s products are distributed.”

“We have an obligation to make sure that foods are safe for people to consume. The conditions that this company was holding ready-to-eat food in were unacceptable,” said FDA Associate Commissioner for Regulatory Affairs Melinda K. Plaisier. “FDA investigators repeatedly found Listeria monocytogenes at Freshy Food’s facility, and the company should stop operations until they can demonstrate to the FDA that their products are safe.”

The government is represented by Trial Attorney Kathryn Schmidt of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney K. Paige O’Hale of the U.S. Attorney’s Office for the Eastern District of Louisiana, with the assistance of Associate Chief Counsel for Enforcement Anna K. Thompson of the FDA, Office of General Counsel, and Department of Health and Human Services.

A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Eastern District of Louisiana, visit its website at http://www.justice.gov/usao-edla.

AAPD Condemns Family Separation at the Border

 

 

Last night, news broke of former Trump campaign manager Corey Lewandowski’s cruel and indefensible response to the story of a 10-year-old girl with Down Syndrome who was separated from her mother as part of the current administration’s “zero tolerance” immigration policy at the U.S.-Mexico border. AAPD called for an apology, which Lewandowski has refused to give. His remarks brought a new wave of national attention to this abhorrent policy that directly impacts the disability community and should be of grave concern to every American.

The American Association of People with Disabilities stands with the disability, immigrant, and broader civil and human rights communities in condemning the Trump administration’s policy of family separation at the border. This “zero tolerance” approach has rightly inspired outrage from across the political spectrum and should be opposed from all sides. Children with disabilities are being harmed by this policy daily and have been for months; the Texas Tribune recently reported that a 16-year-old boy with autism and epilepsy was separated from his grandmother when they attempted to seek asylum at a port of entry 10 months ago. This is despite the administration’s claims that family separations only began recently and only affect families attempting to enter the country outside of ports of entry. Add to that the widespread concern from medical professionals about the “toxic stress” and “irreparable harm” caused by these traumatic experiences, and it is clear why the disability community must continue to denounce the administration’s family separation policy.

Today, President Trump announced he will sign an executive order to end this policy and keep families together. We call on the President to sign this order immediately and Congress to ensure a permanent end to these types of cruel and inhumane policies.

* * *

The American Association of People with Disabilities (AAPD) is a convener, connector, and catalyst for change, increasing the political and economic power of people with disabilities. As a national cross-disability rights organization, AAPD advocates for full civil rights for the over 56 million Americans with disabilities by promoting equal opportunity, economic power, independent living, and political participation.

Health Advocates Urge Federal Court to Reverse Trump's Approval of Medicaid Transformation in Kentucky

Health Advocates Urge Federal Court to Reverse Trump's Approval of Medicaid Transformation in Kentucky

National Health Law Program, Kentucky Equal Justice Center and Southern Poverty Law Center Ask Court to Vacate Approval of KY's Onerous Changes to Medicaid Washington - Representing Kentuckians enrolled in Medicaid, the National Health Law Program,Kentucky Equal Justice Center (KEJC), and Southern Poverty Law Center (SPLC) today urged afederal judge to block the Medicaid waiver scheme because it violates the U.S. Department of Health and Human Services' authority under the Social Security Act. The law firm Jenner & Block is counsel to the National Health Law Program in the case, Stewart v. Azar. In the Stewart oral argument, Ian Gershengorn, partner with Jenner & Block, argued that the U.S. Department of Health & Human Services violated federal law when it approved the waiver request from Kentucky health officials. Gershengorn urged the court to vacate the approval because it will directly harm the plaintiffs in this case, as well as similarly situated Kentuckians, by jeopardizing their access to health care. "The Kentucky waiver project, with its burdensome work requirements, premiums, and lock-out penalties, is an effort by Kentucky and HHS to transform the Medicaid program," said Gershengorn, also a member of the National Health Law Program Board. "The law that the administration is operating under requires these waivers to further the purpose of the Medicaid Act, which is to furnish medical assistance.  The waivers here do exactly the opposite - they restrict coverage and impede access to needed care. Unlike some other public assistance programs, Medicaid is not a jobs-training program, and the administration does not have the authority to turn it into one. The rule of law requires that the president adhere to and uphold federal law, not subvert it." National Health Law Program Legal Director Jane Perkins noted, "The statute also only allows the federal government to approve experimental projects designed to improve the administration of Medicaid. The restrictive policies approved in the Kentucky waiver have been previously tested in other public benefits programs, and consistently found to result in people losing eligibility and coverage. By the government's own estimates, if allowed to stand, the approval will cause at least 100,000 Kentuckians to lose coverage. Health researchers estimate that the loses will be much higher." KEJC Senior Attorney Anne Marie Regan said, "Kentucky expanded Medicaid under the Affordable Care Act in 2014. Since then, the percentage of uninsured Kentuckians has gone from being one of the highest in the county to one of the lowest. We see our clients and low-income people all across the Commonwealth finally getting the preventive services and medical treatment they need. Medicaid coverage enables people to work. This approval got it exactly backwards by conditioning health coverage on work." Southern Poverty Law Center Deputy Legal Director Samuel Brooke said, "HHS failed to assess the impact of the waiver on low-income people. Many people enrolled in Medicaid are struggling to make it in low-wage jobs. Under this waiver, many of them will be forced off Medicaid, and will likely be unable to afford private health coverage. The Trump administration's approval of this waiver was a critical misstep that should not be allowed to stand." Plaintiff Ronnie Stewart, 62, lives alone in Lexington, Kentucky. Before retiring from full time work, Mr. Stewart worked in the health care field in clinics and hospital settings. He is now unable to stay on his feet all day because of diabetes, arthritis, and high blood pressure, but under the waiver, he is expected to keep working until he is 64. Medicaid enables him to obtain treatment for these conditions, but that access to health care is now in jeopardy. "Donald Trump made promises to protect Medicaid when he was campaigning, but as president, he is not doing that," Stewart said. "I'm not alone in this predicament. There are many Kentuckians in the same boat, and we need the judge to reverse this harmful attack on Medicaid. We need to start promoting the common good by supporting Medicaid and other programs that benefit low-income and working Americans, rather than catering to special interests." For more comment on today's oral argument from the attorneys, please contact: Jeremy Leaming, National Health Law Program, 301.233.0867, [email protected]; Anne Marie Regan, KEJC, 502.468.9403, [email protected]; or Jen Fuson, SPLC,202.834.6209,[email protected].

PEKD June 2018 Newsletter

 

Download June 2018 Newsletter

 

Use the following link to access all of PEKD's recent newsletters:

http://www.pekdadvocacy.com/firm-news/newsletters-firm-news/

 

 

Sleeping Bear Dunes works to be accessible to everyone

http://www.wndu.com/content/news/Sleeping-Bear-Dunes-works-to-be-accessible-to-everyone-485449751.html

6 tips to keep your online identity and information secure

By Gleba & Associates The digital age has made it easier than ever to stay in touch with our friends and family, which is a wonderful thing. However, it has also made our personal information more vulnerable than ever. Here are 6 tips to help keep your information safe and secure.   1: Never click on a link in an e-mail until you validate the source. In this day and age, it’s easier than ever for hackers to hide their identity. The onus is on us to protect ourselves. In the past month alone, I’ve received four e-mails from someone claiming to be my mother. The e-mails are all the same: A quick, generic opening line like “I thought you’d like this” and then a link. Upon investigating the actual e-mail address that sent this spam, it was easy to identify that the person sending this e-mail was not my sweet, well-intentioned mother, but instead some random person who was probably trying to give my computer a virus. After the first e-mail, this became easy to debunk, but it made me think: How often do we just click on a link without truly investigating the source? My only tip-off was that the e-mail opened with “Hi Mike” and my mom has never called me “Mike” in her life. Had that e-mail opened with “Hi Michael”, there is a good chance I would have clicked the link and I would have to write this article at a library while my laptop is being de-bugged. So one more time for the people in the back:  Always validate the source of the e-mail. 2. Never enter personal information in an email or text message. The Orwellian adage “big brother is watching” was originally in reference to an overreaching and intrusive government, but the fact of the matter is that phrase needs to be updated to “everybody is watching all the time, and they all want your info.” In this modern time, we do so many things online that require us to enter personal information on the web. Whether it’s online banking, checking your credit score, or bidding for that Sound of Music dinner plate on Ebay, you likely have to enter personal information about yourself. While your bank, CreditKarma, and Ebay are probably very good at keeping your personal information secure, there is no reason they, or anybody else, would require you to send personal information through an e-mail or text. 3. Use antivirus software and keep it up to date. Just as going to the doctor for regular checkups is vital to keeping your body healthy and running at optimum conditions, having antivirus software is critical for the health of your computer. Hackers and scammers are constantly trying to create new ways to infiltrate your computer. The older your computer is, the more important it is to have antivirus software and update it as frequently as possible. The longer that you allow your computer to run with outdated antivirus software, the more susceptible it is to be compromised. 4. Limit web usage in the office to core, business-related sites. Any sites that you use for business-related matters are almost certainly going to be secure. Personal sites, however, are far less likely to be safe and could give hackers the access they need to pull valuable information not just about you, but your company as well. As fun as cat videos are, they can probably wait until you get home. 5. Create strong passwords, and change them frequently. Most sites requiring a login do a pretty good job of making sure you create a unique password with special characters. It can seem annoying at the time, but all of those upper case letters, numbers, and special characters are there for your protection. The more complicated your password is, the more difficult it will be for people to decipher and gain access to your information. Also, it is important to change your passwords on a regular basis. Experts suggest doing so every 2-3 months to keep your information secure. Just like regularly updating your antivirus software keeps your computer secure, regularly changing your passwords keeps your information secure. If you are worried about forgetting your password, keep a journal near your computer at home and write down the passwords that you use for different websites, and write down the date when those passwords were created. This will help you remember the passwords and remember to change them consistently. 6. Be prudent in what you share about yourself and your job via social media. The information age makes it easier than ever to keep in touch with people and let them know what is going on in your life. However, the things that you share with your family and friends may be used against you if the wrong person sees it. Sure, it is fun to “check-in” at the airport as you get ready to leave for Hawaii; who wouldn’t want to brag to their friends about going on a weeklong vacation? Unfortunately, you’ve just let the whole world know (or at least, your friends list) that your house is going to be empty for the next seven days. If your privacy settings aren’t maximized, any stranger who searches for your name on Facebook, Twitter, or LinkedIn might find a prime opportunity to pay an unwelcome visit to your house. Our Website E-Mail Us Facebook Matt's LinkedIn

The National Consumer Voice: Tracking CMS' Rollback of Nursing Home Protections

June 14, 2018 Tracking CMS' Rollback of Nursing Home Protections Since January 2017, the health and safety of nursing home residents has become increasingly imperiled. Nursing home lobbyists have urged the Centers for Medicare & Medicaid Services (CMS) to eliminate or delay regulations and dramatically reduce enforcement of violations. Unfortunately, CMS has shown a disturbing willingness to follow these lobbyists’ recommendations. For example, under regulations finalized by the prior administration, nursing homes were obligated by November 2017 to conduct prompt care planning and institute antibiotic stewardship programs. The administration complied with lobbyist requests to delay enforcement of these and other requirements, establishing a moratorium until May 2019 on money penalties, even though nursing homes have been on notice of these requirements since September 2016. Similarly, nursing home lobbyists have attacked a regulation from the previous administration that had prevented nursing homes from obtaining arbitration agreements from residents during the admissions process. In response, the current administration has proposed to rescind that regulation and issue a new regulation that would authorize nursing homes to require arbitration agreements as a condition of being admitted.   Justice in Aging, with Consumer Voice, and some of our close partners created a tracker of industry lobbying and resulting administrative actions, as well as a series of policy alerts providing more detail about the specific protections weakened or at risk of being weakened by industry lobbying. An online version of the tracker (including a more detailed version) and policy alerts are available on our website. This page will be updated regularly to include future CMS actions. Please share these materials with others in your network and with your federal legislators to educate them about the dangers nursing home residents are facing.