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Washington Protection & Advocacy System Pursuing justice on behalf of people with disabilities on matters related to their human, legal, and civil rights. Promoting Dignity, Equality and Self-Determination.
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ENVOY ON-LINEThe Newsletter of the Washington Protection & Advocacy SystemSpring 2005 Contents:
Mental Health Parity - It's the LAW!!!Eight Year Advocacy Effort Pays Off!
Eight long, hard years. That's how long it took, but looking back on it, it was worth it! Mental Health Parity is the law in Washington state.
Mental Health Parity means that insurance companies have to cover mental health services in the same way that they cover other medical and surgical services. In other words, if you have a $10 co-pay to see your doctor, then you have a $10 co-pay to see your mental health professional (currently, co-pays are often 50% of the cost of the appointment!) This will go into effect on January 1, 2006. Other parts of the new law will go into effect over the next few years. When all is said and done, most health care insurers who are regulated by the Washington Insurance Commissioner and the Basic Health Plan will be at full parity. This will include:
Not all of these features of the new law will go into effect next January. The bill was designed so that different requirements of the law will become effective at different times. The reason for this is so that the cost to the state will be spread out over a period of years. The state has costs associated with Mental Health Parity because they provide health insurance for state employees and also cover people on the Basic Health Plan. If the bill did not phase-in these requirements, it would have cost the state a lot of money and the Legislature would not have passed the bill.
Strong Coalition gets ResultsThe eight year effort to reach this goal shows that if you want to achieve something important, you need persistence, determination and a large group of friends! WPAS was one of the original members of the Washington Coalition for Insurance Parity - it was this coalition that eventually was able to get this important piece of legislation passed. There are 124 organizations who belong to the Coalition, and it was because everybody worked together that Mental Health Parity is the law. [To see a list of organizations in the Coalition, click on this sentence]
The organizations who are in the Coalition have many different points of view and often disagree about issues other than Mental Health Parity. Those disagreements can make it hard to work together sometimes. All the members in the group made a commitment that we would stay focused on achieving Mental Health Parity and not get sidetracked when we disagreed about other issues. Because the group was able to do that, it was very impressive to Legislators to see so many different kinds of organizations working together for a common goal. Together we were very strong, and because of that strength, we were successful.
Still Work to be DoneAlthough the Coalition is celebrating this important victory, there is still some important work to do regarding Mental Health Parity. The bill was controversial, and in order to gain the support of key Legislators, some compromises were made. Two of these compromises leave certain people out when it comes to Mental Health Parity, and WPAS and the Coalition are now starting the effort to get rid of those exceptions.
People who buy health insurance for themselves, as opposed to getting their insurance through their employer, are left out of the Parity bill. Currently, people in the individual market, are not able to buy insurance that has any significant coverage for mental health services at all. For these folks, their only option is to get into a program called the Washington State Health Insurance Pool, usually called WSHIP or the "high risk pool." WSHIP is an expensive insurance option individuals can purchase if they are turned down by an insurer when they apply for health insurance. WPAS believes that this system discriminates against people with mental illness, and that everyone should have Mental Health Parity.
There is another group of people who will not be eligible for Parity under the new law - people who work in small companies whose employers provide insurance. The new law provides an exception for businesses that have 50 or fewer employees. WPAS and the Coalition will continue to fight this discriminatory exception.
Grassroots - Legislators Heard from ConstituentsLegislators are impressed when they see a broad coalition like the Washington Coalition for Insurance Parity. But before they support a bill, they want to know what the people back home think. After all, politicians are elected by the people in their home district, so it is important that they hear from voters.
This year, Legislators heard from voters in droves. Hundreds of e-mails and voice messages poured into Olympia, asking law-makers to pass Mental Health Parity. When Legislators hear from their constituents, it has a HUGE effect. As those of you who receive WPAS E-Mail Updates already know, when it is decision time on a bill, that is when it is most effective for residents of the state to contact their Legislators. Here is how it works.
Bills go through a long, complicated process before they can become a law. At each step along the way, there is a time when Legislators have to vote one way or another on a bill. It is at those decision times that many groups send out "action alerts" asking residents to contact their Legislators and urge their support for a bill. Because these alerts go out at the time when law-makers are actually deciding the fate of a bill, messages from their constituents catch the attentions of Legislators. Often it only takes five or six messages from constituents to convince a Legislator to support a bill. This is what makes action alerts like WPAS E-Mail Updates so effective.
If you have never contacted your Legislator and think it might be hard to do, I have a pleasant surprise for you! It is easy to call or e-mail the people who represent you in Olympia! At the end of this article is a simple and easy fact sheet about how to contact your Legislators.
Making Your Advocacy More EffectiveYou can contact your Legislator whenever you want, but to make the most of your advocacy, stay informed about the legislative process and send your messages when law-makers are actually making decisions about issues that affect you. There are many ways to stay informed. WPAS keeps people up-to-date through WPAS E-Mail Updates. Other organizations have similar action networks that help you convince Legislators to support issues that are important to you. Here is a list of some of them and how to get on the list! [This list is in the form of a table, so if you have a screen reader, the table is set up as follows: In the first column is the name of the organization that sponsors the alert system and what they call it; the second column has a link you can go to on the internet to sign-up; the third column has a phone number you can call to sign-up.]
Tell Your Legislator What You Think!Use the Legislative Hotline - It's Easy!Contacting your legislators to tell them how you feel about issues that affect your life is a good way to advocate for yourself and your rights. It’s easy to do! Just follow the easy steps below:
The rally began with the caustic rhetoric set in amusing contrast to the sweet harmonies of the radical singing group, “The Raging Grannies” [www.raginggrannies.com/], who entertained and delighted the crowd with their insight and humor. Although Governor Christine Gregoire could not be present, she sent her good wishes for Independent Living Day. Masters of Ceremonies, Cherie Tessier and Cory Rosen, skillfully introduced each of the speakers from across the state who spoke about the budget, about living in the community, and about dignity. The speakers were Emily Rogers from Seattle, Ed Kennedy from Spokane, Nick Federici from Olympia, Kate Sheffield from Sequim, Luther Smith and Stephanie Landaas representing the Home Care Quality Authority, and Senator Karen Keiser, who came to read the text of Senate Resolution 8639 to the crowd. Senator Keiser received a white carnation boutonniere from Project PAS-Port for Change as a symbol of appreciation for her support. Here is the speech delivered by Kate Sheffield from Sequim.
“God Doesn’t Create Disposable People; The Budget Does.”In 2000 the worldwide community of individuals with disabilities convened at the Westin Hotel here in Seattle to hold the first international conference on self-determination and independent funding. This gathering brought together representatives and advocates from all seven continents including the indigenous peoples of the world. We considered the civil, legal, political, practical and personal issues confronting us in our daily lives in societies that largely hold our humanity hostage to budgetary whim. The bottom line in nearly every instance was the instability of funding – the budget crunch. In nearly every instance health and human services was hit first and hit hardest when there was a budget crunch. This, we decided, was hard to fathom when it’s common knowledge that disability is an inescapable fact of life for most people the world over. Yet we have allowed the politics of budgeting to imperil our lives by not taking our power and using the tools at our disposal. We ignore our public servants, our legislators. Jack Johnson was a black prize fighter in the early part of the 20th century who knew racism at its dirtiest. He lived life on his own terms and cleared the way for other men to follow him into the champion’s ring. When a reporter asked him how he dealt with racism he replied “Racism? What’s that?” Racism and prejudice dogged him everywhere he went but he disallowed prejudice any place in his life. He lived free from prejudice. It was tough but he was free. He took hold of power and held it when the system tried to take it away. We need to do the same thing — disallow prejudice. We need to be more clever than those who would confine our indomitable spirits to warehouses or homelessness. We need to organize, consolidate our efforts, get louder than those who shout that entitlement is a dirty word. Sojourner Truth, Tanis Doe, Evan Kemp, Stephen Hawking, Steinmetz, Tesla, Christopher Reeve, Senators Max Cleland and Dan Inouye, Presidents Lincoln, Kennedy, Roosevelt . . . all these Americans lived and worked through disabling conditions to contribute mightily to benefit the greater community — our greater community. They weren’t superhuman, they all put their pants on one leg at a time. We all know folks with a disability who, against all odds, haven’t let that hinder their invincible human spirits or stifle their contribution to community and country. FDR, in an address to Congress reminded them that, if it wants to call itself civilized, government is obliged to respond appropriately to the needs of citizens who, through no fault of their own, find themselves at a disadvantage relative to the greater community. Failing this, injustice runs rampant over our civil and human rights and sets us apart, again. This returns to the original idea behind our presentation today – self-advocacy/self-determination/self-empowerment in a social order which regards people who have disabilities as not quite deserving human rights and equal protection under law. Believe it, corporations have more rights and protections than we do, even though the constitution was written for us, for flesh and blood human beings. Budgets are set up to use available income to provide necessary services. Public safety, education, emergency services, public buildings & transportation – infrastructure. Providers of these services rightfully feel entitled to payment for services rendered. Customarily, a percentage of the budget is dedicated to pay for basic expenses without which government cannot function. The leftover money is called discretionary or disposable funds. In the same way, you and I set aside – dedicate -- money to pay the rent and utilities. They’re fixed expenses, dedicated funds, entitlements, for the landlord and the utility companies, among others. We as the community of individuals who have disabilities can take a page from Jack Johnson’s book and live our lives as he did, as if prejudice doesn’t exist. We can stop being intimidated by their titles and remember that our Senators and Representatives serve at our pleasure, that we, too, are entitled to their services. We can require our elected officials to dedicate a percentage of the budget for health and human services away from institutional care facilities and direct it toward home/community-based services. This simple, cost-effective, common sense act will free us to engage with our communities powerfully, effect permanent change in the way long-term care is funded. So call your Congresspeople. Write them, both emails and snail mails, once, twice a month. Visit them. Let them know who you are. Get to know who they are. Follow their voting records. Thank them for working for you. Show them your human face. After a while they may show you theirs. Maybe sooner than you think you’ll become real to each other and neither one of you will feel like you’re disposable. <Kate Sheffield>
Since this rally day, Governor Gregoire proposed a budget which would cut over 1,300 adults and children with disabilities off Medicaid Personal Care and COPES. The Senate budget included cuts also, but not quite as deep. The House budget contained no cuts to Medicaid Personal Care and COPES. As the legislative session comes to a close, the final budget is being crafted piece by piece, one thing is being horse-traded for another – lives are going to be affected. Legislators still need to hear from people about what is important.
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People with Disabilities Gain Greater Access to the Criminal Justice SystemHouse Bill 2126 Passes the House and the Senate Unanimously
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Voting is the cornerstone of a democratic society. Unfortunately, many citizens have lost their right to vote simply because nobody thought about it. If you have a full guardianship, you may be one of those people. Under current law in the state of Washington, a person who gets a full guardianship usually loses their right to vote automatically. This happens despite the fact that many people who have guardians are perfectly capable of deciding who they want to represent them in public office. House Bill 1876 was designed to make sure that nobody loses their right to vote simply because they have a guardian. After a long battle in the Legislature, the bill is on its way to the Governor’s desk for her signature. The bill states that during a guardianship hearing, the judge must make a specific ruling on whether or not the person retains the right to vote. Furthermore, the judge is given some guidance about how to make her or his decision. Under House Bill 1876, if the judge determines that the person understands the process of voting and is capable of making a decision, they will retain their right to vote. This language should ensure that many people who, under the old law, would have lost their right to vote will now keep it. The bill was sponsored by Representative Tami Green, who successfully guided the bill through the House of Representatives. In fact, the House approved the bill unanimously, 96-0. The bill moved onto the Senate where it faced many questions. Some of the Senators thought that people had guardians because they were unable to make any decisions for themselves. Advocates for the bill worked long and hard to explain to these Senators that the current law was depriving people of a basic right. People from all over the state wrote into their Senators asking them to support the bill. Finally, after weeks of educating the Senate on this issue, the bill passed the Senate by a vote of 36-5. There is only one hurdle remaining before the bill becomes law - the Governor needs to sign it. At the time this article was written (April 18, 2005), the Governor had not yet signed the bill. Here are some links to more information about House Bill 1876:
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WPAS Updates: What's Happening at WPAS?
In the last issue of Envoy On-Line we told you about the survey that was conducted by WPAS and the Centers for Independent Living throughout the state of Washington. The survey took place on Election Day (November 2, 2004) and its purpose was to see how accessible polling places are in the state for people with disabilities. 215 polling places around the state were surveyed, and we have been busily putting all the information into a report. At the end of this article is a link to that report, so you can take a look at it if you wish. The survey found that many polling places across the state made it difficult or impossible for many people with disabilities to vote. Some of the most common barriers found by the surveyors were:
Although the survey revealed many barriers, it also highlighted the great job done by the people who work at the polling places. Nearly all of the surveyors reported that poll workers went out of their way to be helpful and to find ways to assist all voters, including people with disabilities. Poll workers were very supportive of the surveyors, often taking the time to make sure that all of their questions were answered. In polling places where barriers existed, the workers showed a lot of creativity in finding ways to overcome those barriers. Some poll workers even loaned voters their own glasses if they needed help reading the small print on the ballots. In one polling place where there were no voting booths that were set up for people in wheelchairs, the poll workers immediately jumped up and set one up. It was clear that the poll workers believe that voting is very important and that accessibility is a responsibility that they take seriously. WPAS will be presenting the results of the survey this May at the Elections Conference that is put on by the Washington State County Auditors and the Secretary of State's office. The County Auditors are the officials who run elections across the state, and the Secretary of State is responsible for statewide coordination of those elections. Click here for a link to the 2004 Elections Day Survey Preliminary Report.
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Your name, address and date of birth |
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Your guardian’s name and address |
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How long the guardianship has been in place |
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Where and when the guardianship was created |
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Why you think the guardianship should be modified or terminated |
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Any circumstances that have changed since the guardianship was put in place. |
Maybe. After the court clerk has given your request to a judge, the judge can do one of three things:
Direct the court clerk to schedule a court hearing on your guardianship,
Appoint a guardian ad litem to investigate the issues raised by your request (the guardian ad litem can also be asked to take any emergency action the court may think necessary to protect the "incapacitated person" until a hearing can be held); or
Deny the request without scheduling a hearing if it appears based on documents in the court file that your request is not for a good reason.
Yes. If the court denies your application without scheduling a hearing, the court must tell you in writing the reasons for the denial.
If the judge decides to schedule a hearing, then the court clerk will schedule the hearing within 30 days of when the court clerk gave your application to the judge. You will be notified of the date and time of the hearing. This is called being given "notice." Under the statute, the clerk must give "notice" of the hearing to the applicant, the guardian, the "incapacitated person," all attorneys of record, and anyone else entitled to be given notice of the proceedings. The court clerk will mail a copy of any court order resulting from the hearing to the applicant, the guardian, and to any other person entitled to receive notice of the hearing.
Yes. At the hearing, the court may also grant other relief that it believes to be appropriate and in the best interests of the person who has the guardian. For example, if the guardian is removed, the judge can order the guardian to return any property and records to the person who had the guardian. If the guardian does not follow the judge’s order, the guardian can be held in contempt of court.
If you need more information about the guardianship process, you can contact the court clerk for your county. The address and phone number for your county’s court clerk is in the government section of the phone book under Superior Courts for your county.
F.Y.I. SERVICE is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information only and should not be used as legal advice for any specific situation. If you would like more information about this topic, call us and ask for a Resource Advocate.
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Editor and Webmaster: Phil Jordan
Contributing Editors: Andrea Abrahamson, Andrea Amaya, David Lord, Gillian Maguire, Betty Schwieterman, Annaliza Torres
Envoy On-Line is the newsletter of the Washington Protection and Advocacy System (WPAS), a private, non-profit agency that has been protecting the rights of people with disabilities since 1972. WPAS is a member of the National Association of Protection and Advocacy Systems. Eligibility for WPAS services is determined by federal law. Contact WPAS if you would like more information about our current priorities and available services.
Envoy On-Line is not intended, nor should it be used, as a substitute for specific legal advice since legal counsel may only be given in response to inquiries regarding particular factual situations.
Envoy On-Line is available at no charge to interested persons in Washington and is available in alternative formats upon request. To add your name to the ENVOY mailing list, call or write:
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Phone: (800) 562-2702 or (206) 324-1521
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Fax: (206) 957-0729
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