I just wanted to post to let readers/listeners know that Day in Washington was hacked. I believe I have recovered any missing data and worked to ensure that the site continues to operate bug-free.

So far, there has been only one issue that has been left unresolved (and will probably remain that way). Unfortunately, all of my posts prior to April have had their Categories removed making it difficult to select them by topic. However, the Search function operates well and should be able to provide relevent results for any sought-after information.

One of the new things I’m adding to Day in Washington is a feedback phone number. It records voice messages as mp3 files which can be incorporated into podcasts. The feedback phone number also records faxes for those preferring text-based contact. Of course my Contact page is still available to connect with me, as is leaving a comment. But I do urge any readers/listeners to give the feedback line a try and let me know you’re out there!

New Message Number: 206-279-9159

Stay well and stay informed!

Best
Day

The story of Esmin Green is a tale guaranteed to stir outrage in the most complacent individual’s heart.  It is a horrific story of how individuals with mental illness are treated.  The disability community is well aware of the public stigma and discrimination leveled at individuals with mental illness, but in this case that same lack of understanding and compassion comes from health care workers who should know better.  Their actions, or lack thereof in this case, may have lead to a woman’s death.

The title of this blog post is in reference to the video itself.  The version I included is from the Associated Press and clearly includes Esmin Green’s name.  She is a person, not a piece of meat.    However, EVERY other piece of footage that I have seen - Today Show (NBC), ABC and even other YouTube clips just refer to her as the “Mentally Ill woman Who Died on the Hospital Floor” or “Black Woman Dying While Doctors Ignore Her”.  In the case of the wheelchair dumping of Brian Sterner, the video footage and numerous articles referred to the “Disabled Man Dumped by Officers” or the “Quadriplegic Dumped from Wheelchair.” 

The media does a disservice to people with disabilities in reducing our identity to nothing more than a condition.  It isn’t right, it makes it easy - easy to dismiss people with disabilities as being “other”.  It is imperative that we as a community should demand not only our rights but demand respect.  This terrible story is about a woman.  Her name was Esmin Green.  Grant her the dignity of her own name.  It is the least we can ask for her, even in death. 

VIDEO

Transcript forthcoming - text below

Esmin Green, 49-year-old woman who was brought to the psychiatric ward at Kings County Hospital died after collapsing in the waiting area. She was found unresponsive on the floor 45 minutes later, despite being surrounded by other people who did nothing to help her.  The whole incident was caught on a hospital surveillance camera.

Ms. Green was brought to the Psychiatric Emergency Department at the hospital by EMS on the morning of June 18 suffering from agitation and psychosis. Officials say she refused medical review and was involuntarily admitted. She was in the Psychiatric ED waiting room, waiting for a bed in the inpatient unit to become available.

Early in the morning on June 19, she was found unresponsive on the floor. The video shows her falling out of the chair and onto the floor, thrashing about and kicking her legs. There were at least three other patients in the waiting area at the time, and several employees of the hospital are seen looking at her on the floor and walking away.

Her name was Esmin Green.  Remember it, use it and urge others to use it.

It has been an amazing few weeks!  As some of you know, as a part of my job, I’ve been participating in the efforts to restore the Americans with Disabilities Act. 

Background: The Americans with Disabilities Act of 1990 was intended to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Unfortunately, since 1999, several U.S. Supreme Court and other lower court decisions have significantly narrowed the definition of disability.

As a result, individuals with certain health conditions, such as people with epilepsy, diabetes, psychiatric diagnoses, and other mental health conditions that are controlled with medications or other disease management strategies are not covered by the ADA.  They are routinely dismissed as “not disabled enough” to warrant protection of the statute.  In 2004, plaintiffs lost 97% of ADA employment discrimination claims, often due to the interpretation of definition of disability.

Early efforts in the fall of 2007 and early 2008 resulted in the two bills H.R. 3195 and S. 1881 supporting ADA Restoration. In fact, the House version of the bill had 255 co-sponsors. However, to ensure passage of restoration legislation this year Congress members strongly urged a compromise bill, a collaboration between the business community AND the disability community.

Current News: On June 25th, as a result of months of disability groups, business organizations, faith-based groups and civil rights organizations working diligently together in collaboration, the ADA Amendments Act of 2008 was introduced as a replacement for the original H.R. 3195.

Let me just say that anyone who has worked on compromise legislation will tell you - negotiated bills generally tend to move forward faster and with wider support. However, they ARE a compromise, which means all sides are equally unhappy. But I also want to say it is a very rare and unique thing to see business and disability groups visiting congressional offices TOGETHER and BOTH sides strongly advocating for the same legislation.  As a result of these efforts, the ADA Amendments Act of 2008 passed on the House floor with a vote of 402 to 17.  A very impressive margin.  Now the action moves to the Senate!

Video:  Prior to the floor vote, supporters of the legislation held a press conference.  Please see the video below.  My apologies for the lack of captioning.  I hope to have a transcript up within the next day.  Video courtesy of TheHillDotCom

 

Day in Washington- The Disability Policy Podcast explores and discusses various aspects of disability policy. Each episode will cover a specific issue within disability, and/or a disability-related news article. These 5-10 minute podcasts offer an easy to understand introduction to disability policy and resources for those interested in further study. You can find the text of each podcast in the comments. If you have difficulty downloading the podcast, please right-click and save it to your computer for playback.

Note: At the request of some listeners, in this episode we will be experimenting with a slightly different, more casual delivery. Please let us know which style you might prefer. You can contact Day in Washington by posting a comment, or leaving a voicemail or fax at: 206-279-9159. Thank you!

Episode Summary:  In this episode we will be will be reviewing and providing a summary analysis on three of seven Medicaid regulations that have been proposed by the Center on Medicare and Medicaid Services (CMS).  The disability community has been very involved for the past few months in legislative efforts to create a Medicaid moratorium to prevent the finalization of these rules.  Although the purpose of the regulations is stated as reigning in out-of-control health care costs and preventing fraud and abuse, the result of the language of these regulations will significantly negatively impact people with disabilities.  Although we’ve been told that these proposals are “bad” in this podcast we will be analyzing them to understand what they will actually do.

Audio File: Day in Washington Podcast #27 - (Medicaid Moratorium)

Show Notes

- Introduction, Date of Podcast

- Analysis of the Medicaid Regulation Regarding Payments for Ancilliary Services Under Case Management Plans

- Analysis of the Medicaid Regulation Regarding Rehabilitation

- Analysis of the Medicad Regulation Regarding School Administrative Costs and Transportation

- What is this really about?  Money

- Congressional Response

- Contact your Legislator

- Closing and Contact information

- Disclaimer