The Americans with Disabilities Act Marks Its 20^th Anniversary

By Annette Jennings

      On July 26, people throughout the United States celebrated the 20^th anniversary of the Americans with Disabilities Act (ADA). This legislation was signed into law by President George H.W. Bush. Since  its  inception, its purpose has been to protect those with physical or mental disabilities from discrimination. A disability is a condition that impairs at least one major life activity. Two years ago, the law was expanded to encompass chronic health conditions including diabetes, epilepsy, and cancer.

      In a July 24^th interview with the Houston Chronicle, Lex Frieden, a professor of biomedical informatics at the University of Texas Health Sciences Center in Houston and a principal architect of the legislation, reflected on life prior to enactment of the ADA.  According to Mr. Frieden, “Before the ADA, many communities had courthouses that people with disabilities couldn’t access. People who were deaf couldn’t participate on juries. People who were blind couldn’t vote. Employers could simply look at applicants and tell them they couldn’t work for them because of their disability.” In contrast, the ADA now requires that public buildings provide ramps for those using wheelchairs.  Courts must have sign language interpreters in order that those with hearing impairments can participate.

     Indeed, the findings of research conducted by the professor support the idea that the law has had a positive impact on the lives of those with disabilities. Two-thirds of respondents  ( who were themselves disabled) felt that the law had been the most significant influence on their lives during the past 20 years. It was noted that the areas of greatest improvement are access for the disabled to public places, transportation, and public awareness.

     Despite progress, significant social and economic gaps persist between the 54 million Americans with disabilities and those without. A recent survey by the Kessler Foundation/National Organization on Disability found that there has been tremendous improvement in the area of education, while differences in employment continue to be substantial. Among the study’s findings are the following:

1.       During the past year, 21% of working-age Americans with disabilities had a job, as compared with 59% of those without disabilities.

2.       17% of people with disabilities dropped out of school, versus 22% in 2000, and 40% in 1986.

3.       48% of people with disabilities dine out at least two times a month, as compared with 75% of those not having disabilities.

4.       Transportation is difficult to access for 34% of people with disabilities, versus  16% of people without disabilities. This difference has actually widened 5% since 1986.

5.       During the 2008 presidential election, 59% of both disabled and non-disabled people voted. In past elections, there had been a gap in which people with disabilities voted at a lower rate than their non-disabled counterparts.

     During the 20^th anniversary celebration,   considerable attention is being paid to the plight of those with disabilities.  Advocates are taking advantage of this opportunity to encourage better cooperation among the business community, the government, and non-profits. The goal of this collaboration is to bring more work and educational opportunities to those having disabilities.

For an in-depth discussion of the ADA, you may visit http://www.usatoday.com/news/health/2010-07-26-disabilities-act_N.htm or www.chron.com/disp/story.mpl/metropolitan/7123562.html.

1% Cut in Texas Medicaid Provider Fees on the Horizon
By Annette Jennings

    According to a July 11 article in the Dallas Morning News, unless Congress acts soon to approve a $24.2 billion enhanced Medicaid funding extension, the state of Texas will reduce Medicaid provider fees by 1% effective September 1. To many, this may appear to be a modest cut, but reimbursement rates are already so low that additional decreases will likely have dire consequences for the 3.3 million poor and disabled Texans who depend on Medicaid for their health care.

    A March 2010 survey conducted by the Texas Medical Association highlights the seriousness of the situation. When members were asked how they would respond to Medicaid fee reductions of 1-2%, 45% of respondents said they would limit the number of Medicaid patients that they see, and 24% said that they would discontinue seeing Medicaid patients. When one considers that less than 1/3 of the state’s 48,700 doctors presently accept Medicaid patients, these findings are even more concerning.

    Looking to the future, it is predicted that the state will experience an $18 billion budget shortfall over the next 2 years. Further cuts in Medicaid spending will surely be necessary in order to offset this deficit. As such, it will be the ongoing challenge of the Texas Health and Human Services Commission, which oversees the state’s Medicaid program, to maintain an adequate network of providers.


Update:

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