August 2011 Edition - Access Press

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See Pg 11

Volume 22, Number 8

Award banquet preparations continue It’s the best party of the year for Minnesota’s disability community. And you and your friends can make it better. Access Press hosts the Charlie Smith Award Banquet Friday, Nov. 4 at the Minneapolis Airport Marriott, Bloomington. Attendees enjoy music, a delicious meal and the presentation of the Charlie Smith Award, which is given annually to someone who provides outstanding service to Minnesotans with disabilities. Tickets are $45, with a discount for groups that purchase a table One highlight banquet attendees look forward to is the silent auction and raffle. Proceeds go to support operations of Access Press, Minnesota’s disability community newspaper. Lots of great items are up for bid or available by raffle drawing. Past prizes have inBanquet - p. 15

The 2011 silent auction and raffle were a hit

Aug 10, 2011

www.accesspress.org Minnesota Special Olympians win 13 metals in summer games Eight Special Olympics Minnesota athletes returned from the World Summer Games in Athens, Greece with many news friendships and lifetime memories. Oh, and they won some medals, too.

Nonprofit Org. U.S. Postage PAID Twin Cities. MN Permit No. 4766 Address Service Requested

See page 8 for details.

Health and human services budget has mixed impacts on community

“Be kind, for everyone you meet is fighting a hard battle” — Plato

by Access Press staff

When the 2011 Minnesota Legislature’s special session adjourned July 20, Minnesotans with disabilities and their families faced a dizzying array of changes in the adopted health and human legislation and budget. For the short term, many people will see cuts to services or changes in how services are delivered. Over the long term, Minnesotans can expect changes in how many forms of health care are delivered. Gov. Mark Dayton and legislators have pledged health care reform and how that actually happens will play out over the next several months. Some reforms will require permission from the federal government, which could be a long process. The more immediate impacts will center on a health care system that won’t have the projected amount of funding needed. While health and human service spending will show some growth, from $10.2 billion last biennium to $11.4 billion this biennium, that’s about $1 billion less than the actual need projected by the Minnesota Department of Human Services (DHS). And because the approved state budget relies on borrowing and not revenue increases, the state’s deficit picture may only get bleaker. That’s especially true if the economy doesn’t turn. Many advocates contend that the full impacts of the 2011 health and human services budget may not be fully understood for months to come, but that the impacts will be felt for years. At this point it appears to be very much a mixed bag. For some programs and services, the cuts were less than anticipated. Others face serious constraints.

NEWS DIGEST Scott Adam’s latest cartoon reflects what’s happening at the capitol. Page 13.

The special session ended Minnesota’s longest state government shutdown in history. The shutdown began July 1 when Dayton and legislators couldn’t agree on a budget. Many people with disabilities were greatly affected by the shutdown, losing access to services ranging from workplace interpreters to the ability to do background checks on health care workers. For much of July the two sides battled over how to address the state’s budget issues. Dayton ultimately gave up on his push for increased taxes on the state’s wealthiest residents as the state shutdown dragged on. He said the pain of the shutdown was becoming too great for Minnesotans. One major cut that families will feel, with Budget had mixed impacts - p. 13

Challenges created by shutdown, budget decisions Not in Kansas any more

by Access Press staff

ACT and its Remembering With Dignity program were targeted for cuts but were ultimately spared.

Photo courtesy of ACT

For organizations that serve Minnesotans with disabilities, the historic state shutdown and its aftermath have created a flurry of activities that for some, are far from over. For agencies that had to shut down and then start up, the complications have been many and varied. A few of the complications were unintentionally humorous. One agency that faced challenges is Radio Talking Book, a program of State Services for the Blind. This service provides information and entertainment to Minnesotans

who are visually impaired and its reading and program schedules are avidly followed. The shutdown put a halt midway through some books, a frustration to those who rely on the service and had to wait for almost three weeks to hear books continued. When that program’s staff returned after the three-week shutdown, they were faced with several problems. The building was locked so no volunteers had been able to produce programs. All mail delivery to the building had Historic shutdown - p. 14

Members of ADAPT from the Twin Cities are raising funds to attend a national action in the nation’s capitol. Page 11 Access Press Unbound, our blog project, needs sponsors to keep our writers posting. Recent posts cover the Minnesota State Fair grandstand accessibility and dog etiquette. Page 3 This month’s history note shows us that those who forget the past are condemned to repeat it. Page 2 Retiring legislator Senator Linda Berglin is remembered for her years in office and commitment to health and human services. Page 7.

INSIDE Regional News, pg 6 People & Places, pp 8-9 Accessible Fun, pg 10 Events, pg 11 Radio Talking Book, pg 12


Pg 2 August 10, 2011 Volume 22, Number 8

EDITOR’S DESK Tim Benjamin

The state shutdown was truly a catastrophe. Although disappointing, Gov. Dayton made the right decision. He did what had to be done to get the state back to work, even though he knew he was accepting a budget that will not solve any of our financial woes but only put them off for another budget cycle. There are a couple things we can be grateful for, and you can read all the details on those throughout this issue. But most importantly, our state is back up and running and our state workers are back on their jobs. Some of the bad news in this compromised budget: occupational, physical and speech therapy for adults 20 and over was drastically cut; the 20% cut in wages for relatives who work as PCAs remained in the budget bill; and reduction in reimbursement rates to PCA providers will still go into effect. There is also a 4.5% cut to non-emergency medical transportation— meaning your ride to the doctor will cost more. The shutdown was really an expensive political maneuver or experiment. It was very expensive to shut down and equally expensive to get the state back up and running again. I hope it will be very costly for the elected officials that refused to compromise. It’s our obligation to make it expensive to them; we have to take it upon ourselves to make sure that like-minded people are elected to govern. At the very least, we have to have people who are interested in our society as a whole, not just in the welfare of people like them.

The shutdown raised many questions about the fundamental obligation of government to its citizens. What makes a service essential? Who and what determines what is essential to the citizens? Thomas Hobbes (1651), John Locke (1689) and Jean-Jacques Rousseau (1762) are the most famous “social contract” thinkers, and their work had a deep effect on the writers of the US Constitution. Each drew quite different conclusions about the nature of political authority or obligation, and during the lives of these philosophers, medical necessity was not part of their thinking about the social good. But their theories all held that government has an obligation to its citizens to provide liberty and safety. What is the definition of safety? Is providing medically necessary services and ensuring citizens’ independence a matter of liberty and safety? This is a question that should be at the heart of the debates of our elected officials. During the state shutdown with issues of medical necessity involved, the courts were forced to decide what essential services are (or the social contract is). How is it then that the legislature could cut appropriations to deliver effectively what the court has determined are essential services? It seems to me that there are some constitutional legal questions related to some of these cuts. That might be also why Ramsey County Chief Judge Kathleen Gearin was so careful about making some of the rulings she was obligated to make about the state’s essential services. When our good friend, Luther Granquist, a retired lawyer, wrote me about his history note this month, he explained to me (now what follows is in Tim terms)

how in October 1974, Judge Larson ruled in Welsch v. Likins, a class action involving Cambridge State Hospital that the “due process” clause of the State Constitution required increased staffing levels at Cambridge. Not being a lawyer, I became even more confused. I was thinking that government’s ‘social contract’ would explain its fundamental obligation, but in this specific case it was the constitutional guarantee of the “due process” of law. Because individuals at Cambridge were court-ordered to be in state custody, the state was required to provide them with the necessities to remain clean, healthy and safe, and with the appropriate staffing to ensure these services. It seems so clear that we as a society have to address some fundamental questions and concerns about obligation. In the history note you will read about a situation in which another court required the state to adequately fund services to people who were institutionalized. (It is an interesting read; please do take the time.) It also illustrates the issue of government’s obligation to meet the security and liberty necessities of all individuals. For many of us, it raises the further question about the needs of those who are not institutionalized but living in the community. This is where action comes in. If we’re going to answer these questions and prevent these standoffs of opposing views, we must become politically involved in getting officials elected who have similar philosophies on the obligation of government to its citizens— especially those who are disabled, elderly, or not completely capable of being independent. Remember, the ADA requires that people with disabilities live in the least restricted environment. This is our right! Let’s keep protecting that right and keep reminding society and legislators. ■

HISTORY NOTE

Minnesota: Budget balancing or a lack of due process? A historical perspective on past state impasses by Luther Granquist

During the government shutdown in July, Ramsey County District Court

Judge Kathleen Gearin ruled that certain government functions must be provided and paid for even

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Editorial submissions and news releases on topics of interest to persons with disabilities, or persons serving those with disabilities, are welcomed. We reserve the right to edit all submissions. Editorial material does not necessarily reflect the view of the editor/publisher of Access Press. Paid advertising is available at rates ranging from $12 to $28 per column inch, depending on size and frequency of run. Classified ads are $14, plus 65 cents per word over 12 words. Advertising and editorial deadlines are the last day of the month preceding publication, except for employment ads, which are due by the 25th. Access Press is a monthly tabloid newspaper published for persons with disabilities by Access Press, Ltd. Circulation is 11,000, distributed the 10th of each month through more than 200 locations statewide. Approximately 450 copies are mailed directly to individuals, including political, business, institutional and civic leaders. Subscriptions are available for $30/yr. Low-income, student and bulk subscriptions are available at discounted rates. Inquiries and address changes should be directed to: Access Press 1821 University Ave. W. Suite 104S St. Paul, MN 55104 651-644-2133 Fax: 651-644-2136 email: access@accesspress.org www.accesspress.org

bridge. Although Gov. slightly increased staffthough the Minnesota ing levels. Wendell Anderson at Legislature and the goverfirst said he agreed with To address the nor had not agreed on an Larson’s orders and legislature’s failure to appropriation act. Years appropriate sufficient earlier, in a different conwould comply, he didn’t request funding for the funds to comply with text, U.S. District Judge these staffing orders, required staff in his proEarl Larson issued a simiLarson in lar order in Welsch v. Likins, a “No money shall be paid out of the July 1976 enjoined the class action intreasury of this state except in state’s fiscal volving Campursuance of an appropriation by watchdogs, bridge State Hoslaw.” the commispital. sioners of Finance and After a trial in 1973, posed budget and the Administration, from enLarson ruled in October 1975 legislature did not forcing any state fiscal 1974 that the due process appropriate necessary control provision that clause of the U.S. Consti- funds. In April 1976, aftution required increased ter a further trial in late would prevent the Commissioner of Public Welstaffing levels at Cam1975, Larson ordered

fare and the CEO at Cambridge from hiring needed staff. He specifically referred to Article XI, section 1 of the Minnesota Constitution, the provision at the heart of the shutdown controversy: “No money shall be paid out of the treasury of this state except in pursuance of an appropriation by law.” Larson emphasized that this order was required to protect the constitutional rights of the Cambridge residents: “The Court has found that they are inadequately housed, equipped, fed, treated, and cared for, and that their very safety is imperiled by their surroundings and by lack of adequate staff. What the people of the State of Minnesota have done and are continuing to do to the plaintiffs is—despite the loftiest of motives— inhumane and unconstitutional. Plaintiffs’ cause cries out for the utmost relief that this Court can offer, consistent with its power.” The commissioners History - p. 5


August 10, 2011 Volume 22, Number 8

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Working dogs: Can they play?

BEST OF THE BLOGS Access Press Unbound, the Access Press blogs are undergoing some changes this summer and fall. Accessing the Arts and Animals at Your Service will continue on a limited basis. Other new blogs will be announced soon. Sponsors are needed for the blogs. Sponsors get recognition in the print and online editions. If you are interested in being a sponsor, contact us at 651-644-2133.

Grandstanding at the Minnesota State Fair by Roxanne Furlong It’s well into summer and the Minnesota State Fair is just six weeks away. I hit the fair at least twice a year and catch a grandstand show once every few years. I’ve seen Rod Stewart, Emmy Lou Harris, Poco, Clay Aiken, Cyndi Lauper, Marshall Tucker and Ozark Mountain Daredevils, to name a few. This year’s line-up includes a great variety including Reba, Def Leppard with Heart, Marc Anthony, Garrison Keillor, Weezer, Train & Maroon 5, Steely Dan and Carnival of Madness 2011. I’d like to see Marc Anthony, Steely Dan and Garrison Keillor but decided on The Happy Together Tour, which features The Grass Roots, The Turtles, The Association and Mark Lindsay (formerly with Paul Revere and the Raiders). The ticket price played a huge part in my decision, for $18 I get to see a few bands from my childhood whereas some of the gigs are $50-60. I just can’t justify shelling out that much money for a grandstand show. Don’t get me wrong. All of the shows I’ve watched at the grandstand have been great, especially since it was remodeled. But add $12 to get into the fair and the cost of parking or transportation … plus you’re sitting outside, praying it doesn’t rain. The new wheelchair seating is near-perfect at center stage, mid-level, or on the main level off to the side. But oddly, there is only one elevator to take you up to accessible seating and the elevator line gets long before a concert. A few years ago, my friend, Lori, and I went to see Clay Aiken (I made us “Achin’ for Aiken” T-Shirts). The elevator line was long and moving slow. Lori went ahead to see what the hold-up was and found that only two wheelers at a time were going up. Some wheelers had pushers who timidly pushed them on, leaving spaces on the car; some were taking a whole entourage with them. By the time we were 10 wheelers from the elevator door, we heard the screaming fans while Clay took the stage. Figuring it to be another 25 minutes of elevator waiting, we couldn’t take it anymore, we ran up ahead and started directing traffic. To the mom and three teenagers, “Come on! You can walk, take the stairs!” … To the electric wheeler, “Move that chair over, you’ve got two feet of space between you and the wall!” … to the wheeler and his date, “Cozy up, pal, we’ve got a walker comin’ in!” … and to the little granny, pushing as fast as she could, “Get movin’ Missy! Are you gettin’ on or not?!?” Lucky for everybody, Lori and I made it to our seats before Clay finished his first song. More Minnesota State Fair accessibility information appears on page 7. ■

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by Clarence Schadegg Is your dog working? Can I pet your dog? Does he bite? These are questions, I’m asked almost every day. If a person interferes with a service dog or dog guide while the dog is working, the distraction can make it unsafe for the dog to perform properly. To reach out and pet a working dog could possibly result is injury to handler, dog or both. The standard protocol while the dog is working is that nobody but the handler touches the dog. Not all handlers strictly adhere to that. The best thing to do is ask the handler. This tends to be relaxed when the dog is not working, indicated when the dog is out of harness or not wearing its vest. Service dogs are often well socialized to handle touching by children and adults. The preferable thing is for parents to teach children to not reach out to pet any dog. A random pet, pat or poke may be all it takes to irritate some canines. The following dos and don’ts are appropriate to people who interact with their pet dog or with a working dog on or off duty. Pet Project recently posted an article by Dr. Sophia Yin, How Kids Should and Should Not Interact with Dogs. Yin identified four dos for children when interacting with a pet dog: 1.) Play fetch with the dog. “Fetch where the dog willingly. That is fun for dogs who love to retrieve.” 2.) Use tricks and treats to reward good behavior 3.) Exercise the dogs. 4.) Play games with your dog. Yin stated, “Adults should ensure that the dog has lots of positive associations with the kids. The kids can regularly give food rewards for the dog’s calm, polite behavior, such as automatic sits. Even if the child is generally well-behaved and the dog very tolerant, it’s essential for all interactions to be supervised. Accidents can happen in a split second.” During play time, my off-duty service dog Frisco had a high tolerance for children. Toddlers would fall or climb on him. While running and playing, he was extra-careful to not plow

into the children. In the almost 15 years I had Frisco, he never harmed a child or an adult. Frisco wasn’t as tolerant during his senior years. A toddler at a 4th of July parade zeroed in on him. As the child came closer, Frisco got up and walked to me for his safe zone. As I soothed and comforted him, he became tense. At times like that, I asked parents to hold onto their child or move on as my dog let me know he did not want interaction. Yin’s what not to do list: 1.) Don’t interfere with a dog while the dog is eating. 2.) Don’t hit the dog with any kind of play toy. Some toys are made of rope, rubber or hard plastic. A hard toy like these can injure the dog. 3). Do not stare into the eyes of a dog or stick your face in the dog’s face. 4.) Do not corner a dog. 5.) Do not, even in play, hit or kick a dog. 6.) Don’t climb on or invade the personal space of a dog. 7.) Don’t scream or yell at a dog. 8.) The body language of a dog will indicate whether or not to pet or hug the dog. Yin said, “Follow these simple dos and don’ts and everyone will be safer and happier. . . . The key is to teach both the dog and the children to be polite. Make sure your children interact with your dog the same way you want them to interact with you.” ■ To respond, send your comments to Clarence at clarence.schadegg@comcast.net

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Access Press Unbound is a series of blogs, on specific topics, published by Access Press, Minnesota’s disability community newspaper. The startup of blogs on service animals, arts and entertainment and employment/education was made possible by a grant by the Minneapolis Foundation. The blogs are written by and for people with disabilities. Access Press would like to continue publishing these and other topic-specific blogs but we need sponsor support. We are asking you to consider becoming a sponsor or co-sponsor for one of our blogs. The current blogs are: • A Better Life - a blog about employment and educational opportunities, • Accessing the Arts - a blog about the many arts and cultural opportunities in MN, and • Animals at Your Service - a blog about the many types of service animals that assist people with disabilities. In the future, we would like to add blogs on health and on children and families or ideas sponsor may suggest.

Commentariat Level - $400/month. This package includes: • An online ad that will be hyperlinked to your main website, in jpeg or gif format - a value of $100 • Recognition on our website and Blog Portal for Access Press Unbound • Free Directory of Organizations Listing (good for one-year) - a value of $60 • Your choice of sponsoring one of the following blogs - A Better Life, Accessing the Arts, or Animals at Your Service • Printed monthly ad, 1/12th page size – a value of $269

Below are the two sponsorship levels for our blogs: Blogerati Level - $800/month. This package includes: • An online ad that will be hyperlinked to your main website, in .jpeg or .gif format. - a value of $100 • Recognition on our website and Blog Portal for Access Press Unbound • A Free Directory of Organizations Listing at our main website (good for one-year) - a value of $60

Your Sponsorship of Access Press Unbound is greatly appreciated, as every donation makes it possible for Access Press to continue its mission of being the voice of Minnesota’s disability community. Please contact Jane McClure or Tim Benjamin on blog content at (651) 644-2133 or jane@access press.org and dawn@accesspress.org for further information on sponsoring. ■

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Pg 4 August 10, 2011 Volume 22, Number 8

Metro Transit bus/rail service dodged a bullet, avoid deeper cuts by Jane McClure

Twin Cities bus and rail transit are among the state-supported services that dodged a bullet during the 2011 special session of the Minnesota Legislature. That’s crucial to people with disabilities that rely on regular Metro Transit route service. The fate of Twin Cities transit service had been up in the air for months. At one point during the legislative session Metro Transit faced a $120 million cut. In July transit riders rallied in the face of sweeping service cuts and fare hikes that could have hit the $5.25 mark. Uncertainty over the extent to which the state could cut transit funding had Metro Transit and Metropolitan Council scrambling to plan for the worst-case scenario. Cuts and changes could have been made to 131 of 146 existing bus routes. Waits for service could have been much longer. Riders would have to walk longer distances to get to some stops. Two hearings July 6-7 in St. Paul and Minneapolis drew more than 200 people in total.

Dozens of transit riders told officials that if drastic cuts are made, they would lose access to jobs, health care, school and day-to-day activities. Some speakers at the hearings described disabilities that already make it challenging to use transit. Others are jobless. Some ride transit for environmental reasons. Many are among the 40 percent of Minnesotans who don’t own motor vehicles. At both meetings, people gasped and groaned when they saw the map of potential route cuts. More than 78 million people rode Metro Transit buses and trains last year. Jon Levin, director of service development for Metro Transit, said that regional routes make up 74.4 percent of Metro Transit’s services, with light trail, commuter rail, suburban contract services, Metro Mobility and other services comprising the rest. Advocacy groups including Transit for Livable Communities, ISAIAH, District Councils

Collaborative and groups representing persons with disabilities spoke out against potential transit route cuts and fare hikes. So did agencies that provide service for people with disabilities, including Opportunity Partners.

“This is a lifeline and it’s being cut away,” said St. Paul resident Phillip Sporer. Sporer, who has a disability, noted that for people on limited incomes, fare increases will make it harder to ride the bus. Other people with disabilities told Metro Transit repre-

sentatives that longer waits for buses and other service cuts would cause hardship. Some speakers said they would lose access to jobs and education. Levin agreed that low-income people and people with disabilities will be affected by fare hikes. Although Mmetro Mobility does provide service for people with disabilities, many people opt to ride regular buses due to cost and convenience. The transit-funding package that emerged from the July 20 special session represents a 40 percent or $52 million cut. The cut is covered in part by moving $15 million of sales tax proceeds in five metropolitan counties. The sales tax for Hennepin, Ramsey, Anoka, Dakota and Washington counties, is meant to be used to build new rail and bus transit. The shift has met objections from the Counties Transit Improvement Board, which distributes the sales tax revenue. But state lawmakers contend it doesn’t make sense to expand the transit system when it faces

so many cuts. The cuts will also be made up by withholding state motor vehicles sales tax money from suburban transit carriers, cutting administrative costs and using about $3 million in reserve funds. The result means that a series of hearings on transit cuts and fare hikes set for this month have been canceled. The approved state funding provides $78 million in general fund money to Metro Transit over the next two years. After the session ended, Haigh expressed relief, saying that the situation could have been much worse. The transportation bill vetoed in May by Gov. Mark Dayton would have eliminated $109 million, or 85 percent, of transit dollars from the state’s general fund. The total transit budget is $375 million, with the rest coming from the motor vehicle sales tax, fares and other sources. Metro Mobility, the paratransit service for people with disabilities, would not have been affected by the threatened cuts. ■

State government shutdown/special session: The end of the end Here is an overview from Courage Center of the 2011 Minnesota Legislature special session. The end of the longest shutdown in state history and the conclusion to the 2011 legislative session brings some relief. At Courage Center it’s not a return to business as usual. The agency has difficult work ahead to provide clients with the services they need while balancing its budget in a continuously challenging economic environment. What was in the final deal? The approved state budget

spends more in the next two years than the state did in the last two years, but significantly less than the projected growth of programs. That’s why both sides in this budget fight could claim victory: spending is growing, but there are big cuts in what would have been spent had changes not been made. The approved Health and Human Services budget for the biennium is $11.3 billion. This is a billion dollars more than the last biennium we just finished (at $10.2 billion), but also a billion less than DHS had projected would have been

needed to provide the same level of services to a growing population. In this respect, people with disabilities and the organizations that serve them, including Courage Center, were hit hard. So if the final budget agreement spends more, where did the revenue come from? The added spending over the last biennium was funded solely through borrowed funds, not permanent increases in the revenues coming in to the state budget. Shifting school payments and borrowing money from future tobacco bonds brought in an extra $1.4 billion to prevent deeper spend-

ing reductions. Does this framework build a foundation for future stability? Unfortunately, the fundamental cost drivers—primarily health spending—were not addressed head on. Unless the state and national economic outlook brightens beyond the expectations of most experts, this deficit scenario will repeat itself in 18-24 months. The core issue—not enough funding for service levels either needed or provided—remains. What is the big picture outlook for Courage Center in this scenario? Courage Center will continue to evaluate services, costs and fundraising capacity even as the government re-

opens. The contingency planning done over the past few months helped identify some cost saving ideas. Innovations must continue at Courage Center if it is to not just survive but thrive. What are the immediate impacts of the budget agreement for Courage Center? The biggest impacts affect payments for people on Medical Assistance (MA): For physician services and therapies, rates will drop 3%; for community-based services like ILS and Behavior Services, payments will shrink by 1.5%; daily per diem payments to the TRP are not cut, but other payments made to the TRP will The future - p. 12

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August 10, 2011 Volume 22, Number 8

History - from p. 2 appealed to the federal Court of Appeals, and the legislature hired a law professor from the University of Chicago to submit a friend of the court brief opposing this order. They contended that the power to determine staffing levels lay with legislature and the governor, not the courts. In January 1977, shortly after a newspaper article

appeared about the argument of the case in the Court of Appeals, Gov. Rudy Perpich, who had just replaced Anderson, called the attorneys in the case into his chambers. He wanted to go down to St. Louis and tell the judges there that now that he was governor he was going to do right for persons with mental retardation and should be given a chance

to do so. Ultimately he wrote the judges a letter saying that his goals for the state institutions were not different from the goals ordered by Larson, that he believed in the necessity for adequate staffing, and that he proposed to close Hastings and Anoka State Hospitals so that more funding would be available at Cambridge. He asked the Court of

STATE OF MINNESOTA OFFICE OF THE GOVERNOR GOVERNOR

RUDY PERPICH ST. PAUL 55155 February 1, 1977 The Honorable J. Smith Henley United States Circuit Judge Court of Appeals For The Eighth Circuit United States Court and Custom House 1114 Market Street St. Louis, Missouri 63101

The Honorable Myron H. Bright United States Circuit Judge Court of Appeals For The Eighth Circuit The Honorable Roy L. Harper United States District Judge Court of Appeals For The Eighth Circuit

BE: Welsch vs. Likins, Appeal Nos.76-1473 and 76-1797 Your Honors: As the new governor of the State of Minnesota I want to express to you my plans and aspirations regarding care for our retarded citizens. It is my fond hope that, given sufficient time to fulfill these plans and aspirations, we can render unnecessary the further involvement of federal courts in the funding and management of our state hospitals. Should this come to pass, the laudable goal of improved institutional care could be achieved without the trauma of a constitutional confrontation between this State and the federal courts. As you may be aware, I became the governor of Minnesota on December 29, 1976. I previously served as lieutenant governor and before that as a state senator. In both of those offices I was an outspoken advocate for our mentally disabled citizens, and I intend to continue in that tradition. On Tuesday, January 25, 1977, I presented my initial budget proposal to the Minnesota Legislature. Due to my brief tenure as governor, the spending recommendations in that budget are largely reflective of the goals established by the preceding administration. However, the budget message delivered on January 25th did contain one recommendation of great significance to our state retardation facilities. I recommended and will seek to achieve the closure of two of our ten state hospitals, those located in the cities of Hastings and Anoka. The patients and residents at those hospitals can be cared for far more efficiently at the remaining institutions. The savings achieved by these closings, which can be used for improved care elsewhere, will be approximately $3.2 million annually in operating expenses and $2.6 million in appropriated capital improvement funds. I also recommended several cost-saving measures in my budget message. If these proposals are accepted by the legislature, the State of Minnesota will

have additional resources to add to improving care at the remaining state hospitals. The goals which I have for our state retardation facilities are not different from those espoused by Judge Larson in his several court orders. I believe in the concept of habilitation for all mentally disabled persons. I believe in the necessity of staffing which is adequate in both numbers and training. And I believe that our institutions should be physically safe, comfortable and attractive. These goals shall have high priority in my administration, and I will not be satisfied until they become realities. My request to this Court is that you allow us time to achieve these goals through democratic processes. It is a governor’s responsibility to provide leadership on issues of this nature, and I can assure you of my utmost efforts in this regard. If we fail to achieve our goals, then perhaps it would be time for this Court to reconsider the ponderous constitutional issues at stake in these appeals, But it would be tragic if our resolve to achieve reform is thwarted by a constitutional crisis in which the issue of humane care is obscured by a contest of governmental powers. Thus, it is for the sake of progress as well as for the continued vitality of our democratic processes that I enlist your support. I stand willing to provide any further information which may be helpful to your consideration of these appeals. Thank you for your thoughtful consideration. Sincerely,

Rudy Perpich RP: lmh cc: Luther A.Granquist, Esq

Appeals to give him time “to achieve these goals through democratic processes.” In March 1977 the Court of Appeals upheld Larson’s orders regarding staffing at Cambridge. That court stated that federal district courts, to provide relief from unconstitutional conditions, have the power to require expenditures that would not otherwise have been made. The court refused to second-guess Larson’s determination of the staffing standards that were needed. But the court gave Perpich and the legislature a second chance to appropriate the money needed to meet those standards by vacating (neither affirming nor reversing) Larson’s injunction against enforcement of the fiscal control laws. The court emphasized that Larson’s orders were “positive, constitutional requirements, and cannot be ignored.” The court added: “We think that experience has shown that when governors and state legislatures see clearly what their constitutional duty is with respect to state

institutions and realize that the duty must be discharged, they are willing to take necessary steps, including the appropriation of necessary funds.” Despite this warning, the 1977 Minnesota Legislature didn’t respond, although it did order the closing of Hastings State Hospital. In November 1977, on the eve of another hearing before Larson and with the support of Perpich, a staffing agreement was reached to assign greater numbers of staff to Cambridge using positions from Hastings State Hospital and federal funding under the CETA (Comprehensive Employment and Training Act) program, an agreement that avoided direct confrontation with the legislature. But not for long. Similar issues arose after the Commissioner of Human Services, with the concurrence of key members of the legislature, agreed in 1980 to system-wide staffing standards for all the institutions for persons with mental retardation. During 1981 and 1982 there were six special sessions to address issues posed by the eco-

Pg 5

nomic crises of that era. In 1982 Larson ruled that several reductions made in institution salary accounts violated the 1980 agreement, but he rejected requests for an order similar to the one he made in 1976, in part because of the bind the state’s economic status created for state officials and in part because it appeared that agreement on a means to comply with his orders appeared possible. The question whether Minnesota’s fiscal control laws must give way in order to comply with court-ordered constitutional standards for state institutions remained undecided. ■ Documents mentioned in this History Note are included in With an Eye to the Past on the DD Council website: Judge Larson’s fiscal control law injunction: www. mncdd.org/past/pdf/70s/ 76/76-WELSCH-8.pdf The History Note is a monthly column sponsored by the Minnesota Governor’s Council on Developmental Disabilities, www.mncdd.org and www.partnersin policymaking.com


Pg 6 August 10, 2011 Volume 22, Number 8

New mental, chemical health facility to open

REGIONAL NEWS Firefighters’ calendar is for a good cause Six St. Paul firefighters are appearing in a 2012 calendar that will benefit the Cystic Fibrosis Foundation. Voting for the picture that will be on the calendar cover was conducted on Facebook, ending Aug. 3. This is the third years the firefighters had doffed their shirts and posed for charity. The 2010 and 2011 calendars each raised about $5,000 for the Cystic Fibrosis Foundation. The 2011 calendar also raised $2,000 for the Autism Society of Minnesota.

Calendars cost $15 each. In previous years they were sold mostly at Borders Books, in addition to some small coffee shops and retailers. Borders is closings its stores so it’s not known yet where the sales will take place. But this will be the first year fans can buy the calendars online at www.stpaul firefighter.com. A release party is planned for Sept. 10. There also will be calendar signings and events. ■ [Source: Star Tribune]

Woman sentenced in attack The final sentence has been handed down in a December 2010 assault on an autistic teen. Tiffany Clock, 22, of Columbia Heights was sentenced Aug. 4 to time served and 20 years probation in connection with the Dec. 23, 2010 incident. Clock and a group of four other people met the boy at St. Paul’s Sun Ray shopping center. The group lured the 16year-old to a nearby park where they beat and robbed him. In June Clock was convicted in Ramsey County District Court of first-degree aggravated robbery and kidnapping.

Her attorney, Christopher Zipko said she was present at the time of the assault but didn’t participate. He also said that due to her disability, fetal alcohol syndrome, she has been in and out of foster homes. If Clock does not comply with terms of her probation she could be sentenced to 3-1/2 years in prison. Two juvenile defendants also have been sentenced and one adult defendant have been sentenced in connection with the attack. Another adult defendant was found incompetent to stand trial. ■ [Source: Pioneer Press]

A Bridge to Health and Wellness, The Ramsey County’s new holistic facility for treating adults with mental and chemical health issues has a name. The Ramsey County Board of Commissioners confirmed in July the name of the new facility at 402 University Ave. East. The new building, which will open in September, will house Urgent Care for Adult Mental, Chemical Health Assessment and Placement, Detox, and the Second Judicial District Commitment Court. The creation of this building brings an unprecedented opportunity to improve and coordinate services to individuals experiencing either a mental or chemical health crisis, or both. The goal is to improve the availability of integrated, community-based, chemical and mental health services for this population. Each program area provides a unique service for individuals in order to maximize the use of limited resources: Urgent Care for Adult Mental Health helps individuals experiencing acute mental health symptoms receive the right level of care at the right time, focusing on recovery and peer support for these individuals. The program emphasizes community-based services when-

ever possible, offering emergency services through phone support, mobile outreach and walk-in services. Both mobile and on-site crisis intervention and stabilization services will be available, including: supportive counseling, information/referral, consultation to professionals, mental health education to family and community, crisis assessment and next step planning, crisis psychiatry, medication evaluation, and placement in crisis beds. Certified Peer Specialists will be added to the interdisciplinary team. Peers have personal experience with mental illness and are trained to work with people in crisis and support their recovery. The goal of this program is to expand its hours and to increase the capacity to serve people from the East Metro—Ramsey, Dakota and Washington Counties. Chemical Health Assessment & Placement provides chemical health assessments and referrals to chemical dependency treatment case man-

agement and other services. This unit also serves as an access point for State-licensed chemical dependency treatment services for qualified individuals meeting both State income and clinical eligibility guidelines for public funding. Referrals to supportive Group Residential Housing for eligible persons with chemical dependency are also available. Detoxification services are provided 24 hours/day, 7 days/ week, with assessment and referral to appropriate treatment programs. The Detoxification Center is a sub-acute residential facility providing medical monitoring and chemical dependency assessments and screening for individuals who are intoxicated or experiencing withdrawal symptoms. The 2nd Judicial Civil Commitment Court has the legal obligation of determining if a person is to be committed to treatment centers. Civil Commitment hearings will be held in this new building. ■ [Source: Ramsey County]

Charges filed in punishment A St. Paul woman has been charged with malicious punishment of her 5-year-old autistic daughter. The abuse was discovered after a school social worker noticed scratches on the girl’s face and an apparent

cord mark around her neck. The mother, Janet Lynn Fox, 30, told police the girl would not sit still while Fox tried to comb her hair, according to a criminal complaint filed Aug. Regional news - p. 9


August 10, 2011 Volume 22, Number 8

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Berglin leaves legacy of service on health, human services issues Sen. Linda Berglin, DFL-Minneapolis, is calling it quits. The longtime state legislator, considered to be the most knowledgeable state lawmaker on health and human services issues, announced last month that she is stepping down. Berglin has represented some of south Minneapolis’s most ethnically and economically diverse neighborhoods for 39 years, starting in the House and then moving to the Senate. She is credited with helping to create many safety net and health programs that helped low-income people and people with disabilities, including MinnesotaCare, General Assistance Medical Care and other safety net programs. Berglin, 66, was elected to the Minnesota House in 1972, when there was just one woman incumbent. Her

last day as a state lawics acknowledged that people and the destitute. maker is Aug. 15. A speher encyclopedic knowlShe authored laws helpcial election to fill her edge of health care will ing aged and disabled seat has been announced, be sorely missed. people remain out of inwith a Sept. 13 primary Disability community stitutional care. and Oct. 18 general elec- members praised Berglin Berglin shaped the tion. for her years of service, 2007 legislation to refoBerglin isn’t staying as well as her vast cus Minnesota health idle and she will conknowledge of laws and care programs from paytinue to work in health policies on health care. ing for services to paying care policy. In mid-July She was well-known for for results, a change just she began a new unfolding. job as health She also “. . . a tenacious champion for policy manager those who don’t have a voice in fought to for Hennepin move people County. Some state policy, especially those with mental without access to health care.” of her duties illness out of will include state hospitals implementation of imple- her ability to save or and into expanded comment federal health care shape programs. She has munity services. law changes. worked hard to increase In a letter to the editor, Media accounts of access to affordable People Incorporation Berglin’s legislative rehealth care, improve CEO Tim Burkett called tirement note that she is child care, and promote Berglin a “tenacious well-liked for her respect mental health reforms champion for those who toward self-advocates and community-based don’t have a voice in and low-income people services to help frail eldstate policy, especially who testified when she erly and disabled people those without access to chaired the Health and stay in their homes. health care.” Human Services ComShe was a chief archiBurkett praised mittee. But she could be tect of state programs Berglin for helping blunt in her responses to bringing medical care to People Incorporated seothers. But even her critlow-income working cure funding for its pro-

gram, Safe Haven Services, which helps mentally ill, homeless people find housing and services. “She’s been a guardian angel for people with mental illness who, due to the stigma, often fall through the safety nets Sen. Linda Berglin, DFL-Minneapolisx designed for determination that people with other disBerglin has demonstrated abilities. Berglin has in her decades of work in worked hard to remove the legislature.” the stigma from mental Michael Scandrett, a illness by finding fundhealth care consultant ing alternatives, such as and executive director of General Assistance the Minnesota Safety Net Medical Care, that enCoalition, said Berglin abled many people to saved the state millions move out of institutions and live independently in of dollars by making sure programs provided care the community,” Burkett for people now, rather said. “Minnesota could than delaying care and do with much more of adding to costs. ■ the creative thinking and

Minnesota State Fair offers many options for accessibility Planning to attend the Great Minnesota GetTogether, the 2011 Minnesota State Fair? Many accessibility options are available but planning ahead is essential. The fair is Aug. 25 – Sept. 6 in St. Paul. Accessibility information is available on the fair website, at www.mnstatefair.org or call 651-288-4448. The website includes an online accessibility guide. The Minnesota State Fair provides services including wheelchair/ stroller/wagon/electric scooter rentals, parking

on the fairgrounds, wheelchair accessible park and ride, passenger drop-off areas, assistive listening devices, wheelchair battery recharging, sign language interpreters, accessible seating at entertainment venues, curb cuts throughout the fairgrounds and a care and assistance center. Vista Mobility provides manual wheelchairs, wagons, strollers and electric scooters for rent at four locations: • On the northeast corner of Dan Patch Avenue and Liggett Street • South of Gate 2 on Cooper Street

• East of Visitors Plaza on the north side of Dan Patch Avenue • North of Gate 9 Hours are 7 a.m. to 11 p.m. daily. Rental fees are $15 per day for

wheelchairs, $13 per day for wagons. The deposit of a driver’s license or state ID is required. $9 per day for strollers and $50 per day ($35 after 6 p.m.) for electric scooters. Vista Mobility will accept reservations for electric scooters. Reservations will only be for

electric scooters and will only be accepted online. For fairgoers needing ASL assistance, ASL interpreters will be available to assist guests from 9:30 a.m. to 2:30 p.m. Inquire about this free

service at the guest services office in Visitors Plaza. Anyone with additional special requests for interpreter services may call 651-288-4448. ASL interpretation are with special daily events: • 10 a.m. Ron Schara’s Minnesota Bound: The

North Woods exhibit on Cooper St. between Randall Ave. and Lee Ave. • 11 a.m. IRONJACK Timber Team Show: The North Woods exhibit • 12:30 p.m. Sean Emery at Family Fair in Baldwin Park. For grandstand shows, ASL interpreters or audio describers need to be requested at least two weeks in advance. Call 651-288-4427 or e-mail accessibility@mnstatefair.org Ask about specific show dates, times and ticket costs. Shows with ASL

include Reba McIntyre, Def Leppard, Big Time Rush, Happy Together Tour, Steely Dan, Train and Maroon 5.Also, Assistive Listening Devices are available for free during Grandstand events (no reservation necessary). Simply check out receivers and headsets at Visitors Plaza; valid state ID and credit card is required for deposit. Taking transit to the fair? Remember that not all park and rides are accessible. Check the fair website or metrotransit.org for details. Or call 612-373-3333. ■

BDC Management Co. is now accepting applications for our waiting lists at the following affordable communities Albright Townhomes Buffalo Court Apartments Elliot Park Apartments Evergreen Apartments Franklin Lane Apartments Hanover Townhomes Lincoln Place Apartments Olson Towne Homes Prairie Meadows Talmage Green Trinity Apartments Unity Place Vadnais Highlands Willow Apartments Woodland Court Apartments

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Pg 8 August 10, 2011 Volume 22, Number 8

PEOPLE & PLACES Minnesotans do well at Special Olympics

Matthew Schoenbauer was an equestrian team member during the Special Olympics Summer Games.

Jake Sawyer swam in the Special Olympics Summer Games.

After ten days of exciting competition, eight Special Olympics Minnesota athletes and two coaches returned to Minnesota from Special Olympics World Summer Games Athens 2011 where they won 13 medals as part of Special Olympics Team USA. Team USA competed alongside 7,000 athletes from almost 180 nations June 25–July 4. The Minnesota natives competed in 22 events while claiming four gold, five silver and four bronze medals for Team USA. Gold medals were won in bowling (doubles), bocce (doubles), swimming (4x100 freestyle relay) and equestrian competition (English equitation). The five silver medals were

earned in track & field (400-meter walk), swimming (50 freestyle), tennis (mixed doubles and doubles), and equestrian competition (working trails). Bronze medal victories came in track & field (800-meter walk), swimming (50 backstroke and 100 individual medley) and tennis (singles). Minnesotans on Team USA include: • Blaine Cox, 24, bowling, North Mankato • Tyler DeVries, 25, bocce, Underwood • Kristina Fritz, 33, track and field, Woodbury • Amy Holty, 31, swimmer, Rochester • Richard Martin, 28, tennis, Hibbing • Jake Sawyer, 22, swimming, Champlin • Matthew Schoenbauer, 14, equestrian, New Prague • Katie VandenBosch, 21, Farmington The team also included Minnesota track and field coach Corinne Schattschneider of Perham and golf

Blaine Cox competed in bowling. Photo courtesy of Special Olympics Minnesota

coach Nancy Schwindel of Richmond. To view specific results for individual athletes, go to www.special olympicsminnesota.org/2011WorldGamesResults.php. Team USA included 315 athletes from every state and the District of Columbia, as well as 125 coaches and managers. Alternating between Summer Games and Winter Games, Special Olympics World Games bring public attention to the talents and capabilities of people with intellectual disabilities, helping to change attitudes and break down barriers that excluded them from the mainstream of the community. The 13th Special Olympics World Summer Games drew more than 25,000 volunteers, 3,000 event officials and thousands of families, spectators and journalists from every continent. ■

Hewitt Named New Director of University of Minnesota RTC Amy Hewitt, PhD, has been selected as the new Director of the Research and Training Center on Community Living (RTC) at the University of Minnesota’s Institute on Community Integration. She will assume the new role effective August 15 , succeeding Dr. Charlie Lakin, who has been appointed Director of the National Institute on Disability and Rehabilitation Research in the U.S. Department of Education. Over the past 20 years Hewitt’s work within the RTC has earned her a national reputation as a leader in the area of community supports to individuals with intellectual and developmental disabilities. Among her areas of expertise are Medicaid policy, consumer-directed services, direct support workforce development, and interdisciplinary training. She currently serves on the board of directors of the Association of University Centers on Disabilities, the American Association on Intellectual and Developmental Disabilities, Arc Minnesota, and Arc Greater Twin Cities. ■


August 10, 2011 Volume 22, Number 8

• • • • •

PEOPLE & PLACES Members named to advisory council The Metropolitan Council has appointed nine members to the Transportation Accessibility Advisory Committee (TAAC) to serve four-year terms. The TAAC was created by the Minnesota Legislature as a committee of users and advocates for the disability community that advises the Metropolitan Council on short and long-rang management plans and policies for special transportation services. TAAC membership includes a chair and eight citizen district representatives appointed by the Metropolitan Council, two members appointed by the Minnesota State Council on Disabilities, two by Minnesota Senior Federation, two by the Minnesota Consortium for Citizens with Disabilities, and one by the Minnesota Chapter of AARP. The appointments include: • Ron Biss, Bloomington –Chair • John Lund, Greenfield –District A • Kim Kang, Orono–District B • John Schatzlein, Bloomington –District C

Chad McGuire, Minneapolis –District D James Williams, Shoreview –District E Bruce Lattu, Centerville –District F Nichole Villavicencio, St. Paul –District G Darrell Paulsen, South St. Paul–District H.

The TAAC members provide input during the planning stages of transportation services in the metro area. “The TAAC is playing an increasingly important role in offering guidance and recommendations about incorporating pedestrian amenities and design consistency for fixed-route bus and light-rail service,” said Andy Streasick, Metro Mobility customer service manager. “They were involved with making sure the Hiawatha LRT line was not only accessible but also standardized, especially at station platforms, in order to meet the needs of all persons with disabilities. That process has really been beneficial with the implementation of the Marquette and 2nd Avenue redesign in downtown Minneapolis and now on the Central Corridor.” At least half of the TAAC must be certified as Americans with Disabilities Act (ADA) paratransiteligible and be active users of ground transportation in the metro area. ■

Regional news - from p. 6 1 in Ramsey County District Court. She is currently restricted from contact with her child. “She became angry and stressed because she wanted her daughter to look pretty,” the complaint stated. “She stated that she used the comb and struck (her daughter) on her face... (and used) a blanket around her daughter’s neck to keep her from moving while she combed her hair.”

Fox is to make a court appearance Sept. 6. Until then, she is barred from contact with her daughter or any child younger than 16. A school social worker previously reported two other cases of possible child abuse involving the girl, one Oct. 8 and the other Feb. 17. The child is a student at Rondo Learning Center. ■ [Source: Pioneer Press]

Man in wheelchair injured in accident A driver who had the right of way hit a man in a wheelchair who was in a south Minneapolis intersection Aug. 2. The man, 34, was crossing Hiawatha Avenue at E. 32nd Street when the “Don’t walk” light was on. He was taken to Hennepin County Medical Center and was listed in critical condition after the accident. His name was not been released.

A 20-year-old Apple Valley woman was driving a 2001 Saturn car eastbound on Hiawatha about 1:50 a.m. Aug. 2, according to the Minnesota State Highway Patrol. She had the green light and hit the man in the crosswalk. The driver of the Saturn suffered minor injuries. No charges have been filed yet. ■ [Source: Star Tribune, Pioneer Press]

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Disabled veterans to benefit from generous donation A ceremony was held July 19 in Minneapolis to recognize the donation of a medical transportation van benefiting disabled veterans. This donation by the Disabled American Veterans (DAV) of Minnesota is part of a program that ensures that veterans have the opportunity to receive care at VA medical facilities around the state, sometimes at a great distance from their home. The DAV of Minnesota operates this statewide transportation network out of the VA Healthcare Systems in Minneapolis and St. Cloud. Last year, volunteer drivers traveled more than 1.2 million miles and provided 18,000 rides. This donation will augment the existing transportation fleet. “Too often age, disability, or geography act as barriers that prevent veterans from accessing care they have earned through service to our nation. This transportation network is a way to make sure that the veterans who need it most can get to their appointments,” said Foundation Director Martin Ludden. The DAV of Minnesota raised the funds through a golf benefit and other activities. ■


Pg 10 August 10, 2011 Volume 22, Number 8

ACCESSIBLE FUN Welcome to the new Access Press Accessible Fun listings. Get further information on things to do around Minnesota at www.exploreminnesota.com and click on the calendar. For information on galleries and theater performances around the state, visit www.vsamn.org or call 612-332-3888 or 1-800-801-3883 (voice/tty). Or check c2 (caption coalition) inc., which does most of the captioned shows in Minnesota, also captions shows across the country: http://c2net.org

Minnesota Community Sings is looking for more voices. Join this fun group at an accessible community sing.

Photo courtesy of Kathy Easthagen

Sing it! Minnesota Community Sing presents an accessible community sing, 6:30-8 p.m. Tue, Aug. 16 at Martin Luther King Park, 4055 Nicollet Ave., Mpls. The event is free and will be held rain or shine. Everyone can sing. The event will have ASL interpretation and Braille song sheets available. It is wheelchair-accessible. Song leaders are Bret Hesla and Mary Preus. This sing

also features a 15-minute look at the history of community singing in Minneapolis parks from 19191956. The event is funded by the Minnesota State Arts Board. FFI: 612-7297304, mnsings.com, mnsings@gmail.com

The Country Wife Northfield Arts Guild presents The Country Wife through Aug. 13 outdoors in Central Park, corner of

Winona & Third St., Northfield. The AD performance is 7 p.m. Sat., Aug. 13, Tickets are $15, $10 student/senior. FFI: 507-6458877, www.northfieldart sguild.org.

Bowl for fun and exercise Do you live in Mower County? Do you like to bowl? The 2011-2012 Mower County Special Olympics Program wants everyone to go bowling. Bowlers must be 6 years of age or older, have an intellectual or developmental disability and have a completed application on file with the Special Olympics Minnesota state office before practicing or competing in any sport. This form does require a doctor’s signature and can sometimes take a long time to complete. The state form expires every three years and does need to be updated before participating. Bowling will be Wednesdays at Echo Lanes in Austin and starts Sept. 14. Participants pay fees for weekly bowling, the season or tournaments. Tournament registration is due Sept. 21. Register for weekly bowling at any time. Transportation will be provided to those that do not have transportation. FFI: 507-433-8994

or email office@ arcmowercounty.org

Walk/Run for Wheels Kaposia, inc. host its fifth annual Run/Walk for Wheels, Saturday, Aug. 20 at Fort Snelling State Park, just south of the Highway 5 Bridge in St. Paul. The gates open at 8 a.m. with the run and walk at 9:15 a.m. Musician Billy Johnson and a pancake feed follow at 10 a.m. This year’s goal for Walk for Wheels is to raise $35,000 to help support our transportation services that transport individuals served by Kaposia to and from their jobs, volunteer activities, and other community opportunities. Kaposia is a Twin Cities based nonprofit organization that provides job development and retirement services for individuals with disabilities. Individuals and teams can both participate. Individuals can run the official UST timed course, walk, jog, in-line skate or walk a pet as part of the event. FFI: www.kaposia.com/ runwalk.

Hmong arts and music The Center for Hmong Arts and Talent hosts its 10th Annual Hmong Arts and Music Festival 11 a.m.- 7 p.m. Sat., Aug. 20 at Western Sculpture Park on Marion Street in St. Paul. The park is across from Sears. The festival is free and the park has accessible paths. Highlights include the Visual Art Tent, showcasing a collection of artwork created by Hmong artists, including the Master Gallery, an exhibit of five juried art pieces selected by professionals from the local arts scene. There will also be a community art exhibit and a main stage with a full schedule of performances. The performances include IN SESSION: Singer/ Songwriter Competition, in which five finalists compete with original songs to receive career enhancing prizes.”The LOUNGE” Youth Tent will be a space for youth to gather together, support creativity and showcase their talents. Games, family arts activities, community resources and food vendors will be available.

Alcinas Island: A Picnic Operetta Mixed Precipitation Theater presents Alcinas Island: A Picnic Operetta, weekends Aug. 20 through Oct. 1 at 16 Twin Cities community garden spaces. This unique performance event does require some movement of the audience. It’s also suggested that visually impaired patrons be accompanied by a sighted guide. Call ahead for suggestions on parking and access. An ASL performance is 4 p.m. Sun., Aug. 21 at the Eat Street Community Garden in Whittier neighborhood, Mpls. An ASL performance is 4 p.m. Sun., Sept. 11, at Paradise Community Garden in Powderhorn Park neighborhood, Mpls. An AD performance is 4 p.m. Sat., Sept. 24 at the Bronx Park Community Garden, 2500 Georgia Ave. & Cedar Lake Trail, St. Louis Park. Tickets are by voluntary donations ($10-20). Advance reservations requested: FFI: 612-6192112, www.mixed precipitation.org

Minnesota Renaissance Festival Plan now to attend the Minnesota Renaissance Festival, Aug 20-Oct. 2 at the festival grounds seven miles south of Shakopee on Hwy 169. The festival is open weekends and Labor Day, 9 a.m.-7 p.m. rain or shine. Parking is free, including handicapped accessible parking. The festival is held in a natural outdoor setting where wheelchairs and motorized wheelchairs are allowed. Watch for the can Do Canines assistance volunteers at the festival gates, where they will check in pet dogs. ASL performances are on Sign Language Sat, Sept. 10. Tickets are $20.95 with additional charges for some attractions. FFI: 952-445-7361, www. renaissancefest.com/MRF/

ton $12; online $2 discount; FFI:612-396-2025; to reserve ASL, E-mail: tickets@urbansamurai.org by noon the day before the show.

See a movie tonight Several theaters around the state offer accommodations for movie-goers, such as captioning or descriptive services. www. captionfish.com lists cinemas with access (AD/ CC) features. Find theaters in your area by typing in your zip code. Mo Pix-equipped Rear Window Captioned Films are listed at cam.wgbh.org / mopix/nowshowing. html#mn.

Run, Walk, Roll Against Bullying PACER’s National Bullying Prevention Center hosts the Second Annual Run, Walk, Roll Against Bullying Sat., Oct. 1 at Normandale Lake, Bloomington. It kicks off PACER’s National Bullying Prevention Month of October. Registration and race packet pick-up begin at 9 a.m., followed by a four-mile run or 1.5-mile fun walk/roll at 10 a.m. at Normandale Lake, Normandale Blvd. and 84th St., Bloomington. Entry fee is $20 per person, and each participant will receive a free T-shirt. Snacks and additional fun will also be provided at the Normandale Lake Bandshell. Preregistration is strongly encouraged. All proceeds from PACER’s Run, Walk, Roll Against Bullying will go to PACER’s National Bullying Prevention Center. FFI: 952-838-9000, PACER.org/bullying

The Fetching Ball

Rumors Urban Samurai Productions presents Rumors at Sabes Jewish Community Center, 4330 S. Cedar Lake Rd., St. Louis Park. ASL performance is 7:30 p.m. Sat., Sept. 17. An advance reservation is required. Tickets are $16, student/senior/Fringe but-

Your best friend would want you to go to the Fetching Ball.

Photo courtesy of Can do Canines The Fetching Ball, a fundraiser for Can Do Canines, is 6 p.m. Sat., Nov. 5 at Earle Brown Heritage Center, Brooklyn Center. Tickets are going fast for this event, which includes a Pups and People Fashion Show, music and dancing with a party poodle, a silent and live auction, wine toss, dogtini bar and much more. Sponsorship opportunities are also available. Individual tickets or table reservations are available. FFI: 763-331-3000, ext. 153; www.fetchingball.com ■


August 10, 2011 Volume 22, Number 8

UPCOMING EVENTS Advocacy Support ADAPT trip

Twin Cities ADAPT members, shown here at the capitol, are raising funds for a trip to Washington, D.C. Photo courtesy of ADAPT

ADAPT Minnesota members will be traveling to Washington, DC in September to participate in the Fall ADAPT national action. The trip includes participating in the Demand Responsible Medicaid Reform rally being held Wed, Sept. 21. During the rally, ADAPT will join other disability, aging and civil rights groups as they demand responsible Medic-

aid reform that supports our civil right to live in the most integrated setting. They will lobby for Medicaid reform that not only contains costs, but also protects the civil rights of seniors and people with disabilities. In order to make the trip, the group needs to raise $6,000. Donations are still needed. FFI: Lance, 763-218-1433, adapt.mn@gmail.com

Workshops, conferences Creative Options Creative Options is a oneday energizing conference for people with disabilities and the staff who support them, 8 a.m.-4 p.m. Mon, Sept. 26 at Eagan Community Center. This year’s featured speaker is Beth Mount, a national consultant working with programs throughout the United States to support others to see capacities in people with disabilities. She is the creator of the Personal Futures Planning process. Her keynote address is titled Make a Difference: Co-creating Community Membership and Contribution. She will also do two breakout sessions. Breakout sessions for selfadvocates include: Turn Off Your TV presented by Toni O’Brien from Dakota

Communities; Rock Stars of Respect presented by self-advocates from Lifeworks; and Living Your Passion presented by selfadvocates Lisa Poppe, Nathan Bauer, and Debra Wilensky. Breakout sessions for direct care staff include: Assistive Technology presented by Kim Moccia from Minnesota STAR Program and Debbie Harris; Be Connected. Be Well. presented by Toni O’Brien from Dakota Communities; and Housing Access Services: Are You Ready to Move? presented by Scott Schifsky from The Arc of Minnesota. FFI: Susan Hilden, 651-365-3731, www.lifeworks.org, or shilden@lifeworks.org.

Gain control, flexibility Disabled and want more control, flexibility and responsibility for your care? Come to a free information session about the “Consumer Support Grant,” 11 a.m.-1 p.m. Mon, Aug. 15, at Hennepin County Library – Maple Grove Library, 8001 Main St. N., Maple Grove. To be eligible for the CSG, you cannot be on a Medical Assistance waiver. Sponsored by Hennepin County’s Human Services and Public Health Department, the session will answer questions such as “How do I receive funding through this grant?” “What types of services may I buy?” “How do I receive this grant?” and “What is my responsibility?” Preregistration required. FFI: 612-596-6631, www.hennepin.us/adsinfo. Adaptive technology classes Free adaptive technology classes are offered by Hennepin County Library, at the downtown Mpls library, 300 Nicollet Mall. Classes are free but you must pre-register for these classes for persons who are blind or have low vision. In addition to classes there are often volunteers available to introduce patrons to the equipment and software available. Volunteer hours vary, so it’s best to call ahead. Funding for Adaptive Technology classes is provided by a generous grant from the Hudson Family Foundation. FFI: 612-6306469, www.hclib.org Learn about guardianship When children who are disabled become adults, their parents or legal representatives may want to consider filing a petition for guardianship or limited guardianship. Hennepin County is offering a free session, “Guardianship, Limited Guardianship and Conservatorship,” to help

families learn about this process. Guardianship is a legal process used when a person cannot make or communicate safe or sound decisions about his or her person or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable. Sponsored by Hennepin County’s Human Services and Public Health Department, the session is 6-8 p.m. Tue, Aug. 23 Hennepin County Library – Maple Grove, 8001 Main St. N., Maple Grove. FFI: 612-596-6631, www.hennepin.us/adsinfo.

Youth and families Information available Parents searching for child care for their baby, a son concerned about his mother’s adult day care program, family members evaluating services for their sibling with developmental disabilities — all of these consumers now have 24/7 access to important information about licensed programs with the expansion of information available on the Minnesota Department of Human Services (DHS) website. Members of the public can subscribe to email alerts when new documents are posted. Consumers now have quick access to important health and safety information about child care centers, group homes for people with disabilities, and a range of other services for children and vulnerable adults. Six types of public documents— including compliance reports and public summaries of maltreatment investigations—are now available through the DHS Licensing Information Lookup: FFI: http://licens ingookup.dhs.state.mn.us

PACER offers services PACER Center offers useful free and low-cost workshops for families of children with disabilities. Register in advance for workshops. All workshops are at PACER Center, 8161 Normandale Blvd., Bloomington, unless specified. Some workshops are in Greater Minnesota. FFI: PACER at 952-838-9000 or 800-537-2237 (toll free), or visit the PACER website at www.PACER.org Fall Family Course Do you have a family member living with a mental illness? The National Alliance on Mental Illness (NAMI) of Minnesota offers a free educational course that helps families gain a greater understanding of mental illnesses, discuss resources, build communication skills, reduce stress and find support. More than 3,000 Minnesota families have benefited from this free course. Join others for this series taught by family members who have walked the walk. The Family-to-Family course meets weekly for 12 weeks and will meet in Roseville on 6:30-9 p.m. Tuesdays, starting Sept. 13 at North Heights Lutheran Church, 2701 Rice St. Preregistration required. FFI: Anne, 651653-5116 or Kay, 612821-0412

Nominations Awards to be given Minnesota State Council on Disability is seeking nominations for its annual awards. Awards will be presented at the state council’s banquet on Sept. 26. The state council, PATHWAYS TO EMPLOYMENT, the Minnesota Department of Employment and Economic Development, State Rehabilitation Council, Department of Human Services and State Independent Living Council host the awards luncheon. Awards will be given to employer

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of the year (large and small). mentorship, Minnesota, friend of the council, media and above and beyond veterans’ employment. Find a description of each award category at www.disability.state.mn.us. FFI: 651-361-8700, 1-800945-8913, www.disability. state.mn.us

Support groups, meetings St. Joan of Arc Mental Health/Mental Illness Ministry St. Joan of Arc Church hosts mental health mental illness ministry events this fall. Both events are free and open to the public. No preregistration is needed. Enjoy a light meal and learn about mental health issues. The events are free and open to all, no RSVP needed and a light meal is provided. At 5:45-8:15 p.m. Mon, Sept 12, the topic is Surviving Complex Trauma in Childhood. Speaker is Krista Nelson, MA, LICSW, LMFT; Wilder Center for Children with Reactive Attachment Disorder. At 5:45-8:15 p.m. Mon, Oct. 10, the topic is Recovery Story. Speaker is Diedrich Weiss. Both sessions are in the church Hospitality Hall, Door 1, 4537 3rd Av S, Mpls. FFI: Roseann 612.823.8205, claudemaryparadis@comcast.net; www.stjoan.com UCare meetings UCare hosts informational meetings about its UCare for Seniors Medicare Advantage plan. Meetings are held all over the region. UCare for Seniors has more than 75,000 members across Minnesota and western Wisconsin. UCare is an independent, nonprofit health plan providing health care and administrative services to more than 185,000 members. UCare serves Medicare-eligible individuals throughout Minnesota and in western Wisconsin; individuals and families enrolled in income-based

Events - p. 15


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Radio Talking Book Radio Talking Book is very glad to be back after the shutdown, and glad that its listening family has stayed with it. Observant Radio Talking Book listeners may have noted that many of the books offered in July are actually airing in August. They could not air in July because they were scheduled during that three-week period when Radio Talking Book was off the air. Books Available Through Faribault Books broadcast on the Minnesota Radio Talking Book Network are available through the Minnesota Braille and Talking Book Library in Faribault. Phone is 1800-722-0550 and hours are 7:30 a.m. to 5:00 p.m. Mon. through Fri. The catalog is also online, and can be accessed by going to the main website, http:// education.state.mn.us, and then clicking on the link. Persons living outside of Minnesota may obtain copies of books by contacting their home state’s Network Library for the National Library Service. Listen to the Minnesota Radio Talking Book, either live or archived programs from the last week, on the Internet at www.mnssb.org/rtb. Call the staff at the Radio for a password to the site. See more information about RTB events on the Facebook site for the Minnesota Radio Talking Book Network. Access Press is one of the publications featured at 9 p.m. Sundays on the program It Makes a Difference.

Chautauqua • Tuesday – Saturday 4 a.m. Wide Awake, Nonfiction by Patricia Morrisroe, 2010. A fourth-generation insomniac, Morrisroe decided the only way she’d conquer her lifelong sleep disorder was by becoming an expert on the subject. Read by Diane Ladenson. Nine broadcasts. Begins Aug. 24.

Past is Prologue • Monday – Friday 9 a.m. Empire of the Summer Moon, Nonfiction by S.C. Gwynne, 2010. The Comanches were the most powerful Indian tribe in American history and their most powerful chief was Quanah. Read by Leila Poullada. 14 broadcasts. Begins Aug. 23.

Bookworm • Monday – Friday 11 a.m. My Name Is Memory, Fiction by Ann Brashares, 2010. Lucy Broward is an ordinary teenage girl. But she has a crush on Daniel Grey who is not ordinary. Daniel has the memory, the ability to recall past lives and recognize souls of those he’s previously known. Read by John Beal. 12 broadcasts. Begins Aug. 23.

The Writer’s Voice • Monday – Friday 2 p.m. How I Killed Pluto and Why It Had It Coming, Nonfiction by Mike Brown, 2010. When astronomer Mike Brown discovered a planet beyond Pluto, Pluto was downgraded to “dwarf” planet. As a result, Brown became a villain to schoolchildren and was launched into the public eye. Read by Dan Sadoff. 10 broadcasts. Begins Aug. 22.

Choice Reading • Monday – Friday 4 p.m. Third and Long, Fiction by Bob Katz, 2010. A dying factory town finds new life when a former Notre Dame football star is hired as the plant manager of Made Right Clothing. Then he is handed the job of saving the town. L - Read by Jim Gregorich. Nine broadcasts. Begins Aug. 23.

PM Report • Monday – Friday 8 p.m. Were You Born on the Wrong Continent?, Nonfiction by Thomas Geoghegan, 2010. Thomas Geoghegan asks

what our lives would be like if we lived them as Europeans. Social democracy may let us live nicer lives and to be globally competitive. Read by Marylyn Burridge. 11 broadcasts. Begins Aug. 17.

Night Journey • Monday – Friday 9 p.m. The Janus Stone, Fiction by Elly Griffiths, 2011. Ruth Galloway investigates a child’s death that happened more than 40 years before. The question is: is it ritual sacrifice or just murder? L - Read by Esmé Evans. Nine broadcasts. Begins Aug. 23.

Off the Shelf • Monday – Friday 10 p.m. Long Time Coming, Fiction by Robert Goddard, 2010. Stephen finds that his uncle, whom he thought had been killed in the Blitz, has been in an Irish prison for four decades. L - Read by Dave Schliep. 13 broadcasts. Begins Aug. 24.

Potpourri • Monday – Friday 11 p.m. Charlie Finley, Nonfiction by Green & Launius, 2010. The 1970’s Oakland Athletics was one of the most successful, most colorful, and most chaotic teams of all times. L - Read by D. Laufenburger. 14 broadcasts. Begins Aug. 30.

Good Night Owl • Monday – Friday midnight The Revenge of the Radioactive Lady, Fiction by Elizabeth Stuckey-French, 2010. Marylou Ahearn is going to kill Dr. Wilson Spriggs. In 1953, he gave her a radioactive cocktail without her consent as part of a government study. Fifty years later, she is still ticked off. L,S - Read by Kristi Sullivan. 12 broadcasts. Begins Aug. 11.

After Midnight • Tuesday – Saturday 1 a.m. Veil of Night, Fiction by Linda Howard, 2010. Jaclyn loves her job as wedding planner but Carrie was a bridezilla. When Carrie is killed, Jaclyn becomes a suspect. L,S - Read by Lynda Kayser. 12 broadcasts. Begins Aug. 16.

Abbreviations: V—violence, L—offensive language, S—sexual situations.

The future - from p. 4 decline; Payments for any services provided to complex clients who have Medicare and MA coverage will drop significantly; While most rehab services (PT, OT, Speech) were preserved, specialized maintenance therapy for adults was eliminated; additional

prior authorization requirements will be required before most rehab therapies can begin; despite being passed by the state House and Senate earlier this year, a change sought by Courage Center to give more flexibility to manage its MA population was not included in the final deal. Are reform and policy changes addressed in this deal? Both Gov. Mark Dayton and legislators want significant health reform, and will be seeking permission from the federal government to adjust the way health care works in

Minnesota. The good news is that Courage Center is very much on the front foot with its Primary Care Clinic (a health care home), supported by its strong measurement and data efforts perfectly positioned to capitalize on the reforms below: assessing the needs of people with disabilities more often to better target (and limit) services; pay specialists and hospitals less and primary care providers more; focus on time-limited, low-cost services to avoid more expensive long-term care services; and pay more to providers

who achieve better health for their clients, and pay less to those who don’t. What other changes will impact the disability community? A big change will see people with disabilities automatically enrolled in managed care plans unless they “opt out.” This is a very big policy change that makes the conversations Courage Center and other service providers are having now with the health plans even more important. This is a rapidly evolving situation so questions can be emailed to public affairs@couragecenter.org


August 10, 2011 Volume 22, Number 8

Budget has mixed impacts - from p. 1 an impact of $26.3 million over two years, is the mandatory enrollment of children and adults with disabilities into managed care, technically called Special Needs Basic Care (SNBC), with an option to opt out. While the disability advocacy community supports increased care coordination for individuals with disabilities, one concern advocates have raised is that there was little to no discussion of this very significant policy change during the legislative session. It will be more difficult for some low-income, ill or disabled adults to receive General Assistance, the state’s cash assistance program for people who cannot work, under the approved state budget. More than 7,000 adults will be moved off of the state health insurance program MinnesotaCare and instead given vouchers to buy private insurance. While some Republican leaders contend this will provide better services and more choices, disability community advocates are skeptical. One bright spot was that the Family Support Grant was not cut, despite a threat to cut $4 million during the regular legislative session. Families who receive these grants can pay for added expenses that are directly related to their child’s disability. The grant covers expenses for medications, respite care, specialized diets, specialized clothing, and specialized equipment. Physical therapy, occupational therapy, speech therapy, eyeglasses, dentures, and prosthetics were also spared, despite earlier threats to be cut. One service that did lose funding is “specialized maintenance therapies.” Instead these therapies will be studied for cost effectiveness. At a press conference prior to the special session’s start Rep. Jim Abeler, R-Anoka, said the agreed-upon budget represented a compromise. He chairs the House Health and Human Services Finance committee. While conceding that the budget will have impacts, Abeler

also cited the challenges of trying to provide services in the face of growing demand. Abeler also emphasized that the adopted budget does minimize cuts to services for Minnesotans with disabilities. But advocates, including leaders of the Minnesota Consortium for Citizens with Disabilities (MN-CCD) disagree. During the regular session, Republican lawmakers said the budget needed to be cut by $1.6 billion. But the deal struck last month raises another $1.4 billion in revenue, of which $559 million went to DHS programs. Abeler said the money staved off more drastic reductions to programs. Much of it went to fund the state’s ongoing enrollment into the expanded Medical Assistance program. However, this funding was criticized because it relies on borrowing against future payments from a legal settlement with tobacco companies and delaying payments to schools. Many service providers have already warned clients and families about the challenges ahead. “There are so many cuts to people with disabilities in the health and human services bill that you don’t know which bad news to deliver first,” Steve Larson, The Arc Minnesota public policy director, said in a statement. “People with disabilities get hit from all sides. If they are waiting for essential services, that wait will likely continue. If they are receiving services, they will see a funding cut. If their family member is paid to provide support to them, that family member will get his/her wages cut.” Pat Mellenthin, chief executive officer for The Arc Minnesota, called it a “bad news budget for people with disabilities.” Mellenthin said “The budget that was just approved cuts services that

make life possible for people with disabilities and their families, makes reforms in some areas but goes backwards in others, and puts much of the cost on the state credit card,” Association of Residential Resources in Minnesota ARRM CEO, Bruce Nelson called the budget package “deplorable.” He said that while provider cuts were anticipated, some were deeper than anticipated. ARRM is especially unhappy that budget negotiations took place behind closed doors. While ARRM believes the disability system must be reformed, the association was hoping to work cooperatively instead of being coerced. “This does nothing to reform regulations,” Nelson said.

nancial hardships for families, as well as a disincentive for family members to continue to work as PCAs, according to MN-CCD. The 20% wage cut would be especially hard on rural Minnesotans, according to MN-CCD, the Arc Minnesota and other advocacy groups. That’s because in rural areas, where agency choices can be very limited, having a relative provide PCA services is sometimes the only option for families. Nonrelative PCAs can travel many uncompensated miles to reach the individual or family, and many individuals needing PCAs require assistance off and on throughout the day, not during an extended block of time. For some Minnesotans,

Here is a by topic overview of key health and human services budget changes adopted during the special session:

the 2011 budget restored a PCA hours cut that was to take effect July 1, as a result of service eligibility changes adopted last year. These services have been restored.

Personal Care Attendant (PCA) services:

Waivered services:

Personal care attendant (PCA) services will be greatly impacted, if family members provide care for a relative. The HHS budget contains a 20% wage cut for these PCAs. For example, this would apply to someone who provides PCA services to a child with disabilities that he or she is related to and is not that child’s parent. The adopted legislation language defines who would be affected: “…relative means the parent or adoptive parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or a grandchild.” This provision amounts to a $24.1 million cut over two years. The 20 percent wage cut will create fi-

Initial versions of health and human services legislation adopted by state lawmakers in May contained a freeze and rollback of waivered services. This was in the bill vetoed by Dayton. The freeze and rollback weren’t in the adopted legislation. It does reduce the number of new waivers that would have been available under previous law. The number of new waivers available will be: six per month for the developmental disabilities (DD) waiver; three per month for the traumatic brain injury (TBI) waiver; and 60 per month for the Community Alternatives for Disabled Individuals (CADI) waiver. In terms of dollars this adds up to a $48.1 mil-

lion cut over two years. The limits won’t take effect in situations where an ICF/MR (Intermediate Care Facility/Mentally Retarded) program closes or nursing home beds are eliminated.

Medicaid/Medical Assistance: Medicaid or Medical Assistance will be expanded to include adults with very low incomes. This expansion improves access to health care to 100,000 Minnesotans, many of whom have disabilities. Reviving the previous program, General Assistance Medical Care (GAMC) program, as the legislature proposed, would have resulted in few hospitals providing health care to this population, as well as less generous health care benefits than what would be available under the Medicaid expansion. But there is also a cut in rates for a variety of community-based services funded by Medical Assistance. The cuts work out to be a 1.5% cut for 2012 and a 1.67% cut for 2013. This provision amounts to a $36 million cut over two years, with ICF/MRs receiving a lower rate cut of $2.23 million over two years.

Counties: Minnesota’s counties, which provide services to state residents with disabilities are continuing to sort out the HHS budget impacts. Most counties are releasing their budgets this month, with an eye toward trying to preserve mandated services without increasing residents’ property taxes. Counties could be in the position of cutting or even eliminating grants to some service providers for people with disabilities. One two-year, $4.48 million cut in funding to counties will affect programs that that normally covers expenses for unexpected increases in needs for their residents with disabilities. This affects persons who receive waivered services. This means that if a client’s needs for service

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increase counties will have to find other ways to pay for those needs. A $22 million cut over two years will affect counties ability to help pay for, among other services, supports to people with disabilities and their families like respite care. That will also have a ripple effect on some county budgets. Minnesota counties are just starting their 2012 budget hearings this month, so more on county-by-county impacts will be seen in the weeks ahead.

Group homes and foster homes: Not long after the special session ended, advocates said they were blindsided to see new policies for group homes tucked into the health and human services budget bill. Those policies, like many others, hadn’t been aired prior to the special session. Group home operators and families whose loved ones live in group homes were surprised to find new policies for group homes included in the state budget. The adopted budget was seen as cutting the number of licensed beds at privately-owned group homes for adults with disabilities across Minnesota. Providers and advocates assumed the new provision applied to all adult group homes. Some families received letters warning that group homes could be forced to close down. Providers were interpreting the legislation to mean that once someone moved out of a group home, licensure for that spot would be lost and a new person couldn’t move in to take that spot. But DHS has since clarified the language. It applies only to about 2 percent of people who are approved to live in group homes due to a disability or a traumatic brain injury. For those individuals, if they are able to live independently, the group home would lose the license for the vacant bed. ■ Information from MNCCD, The Arc Minnesota and ARRM was used in this article.


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Historic shutdown - from p. 1 stopped so there were are being notified of graves have proper few materials for produc- higher drug and service names as well as years of ing new programs. costs, of cutbacks and birth and death. ACT’s “If people turned on some services being disCo-Director Rick their radios on Thursday, continued. Cardenas said “the orgaJuly 21, they may have One organization that nization is pleased that noticed that most of the was saved with the legis- its funding was spared programming sounded lative special session is and that Remembering like it did not come from Advocating Change ToWith Dignity can conMinnesota. We had gether (ACT) and its Retinue its mission”. phone calls asking why membering With Dignity Another agency that we were broadcasting the program. ACT, which was pleased with the spefarm report from Kansas. provides self-advocates cial session’s outcome We had made the decistatewide with a variety was the Region 10 Qualsion that it might take a of services, had had all its ity Assurance Program. couple days for us to get operating funds threatThe program will receive the Radio Talking Book ened during the regular $200,000 over the next running at 100% and that session. ACT has already two years. A statewide another radio reading downsized in a tough quality council will reservice (Kansas Audio economy and more cuts ceive $130,000 over that Reader) was period. The better than havquality assuring nothing at For agencies that had to shut down ance efforts all on the air,” and then start up, the complications are focused Radio Talking have been many and varied. on developing Book said in a and implestatement. menting pro“Observant people will in service were feared. cesses that significantly also notice that many of Not only was ACT’s enhance the quality of the books that we listed funding preserved during life for persons with dein July are actually airing the special session, its Re- velopmental disabilities. in August. They could membering With Dignity Centers for indepennot air in July; they had (RWD) project had a dent living around the been scheduled during $330,000 allocation put state also were spared. that three week period into the bonding bill. They had faced a when we were off the air. The bonding bill will $222,000 cut over the We are very glad to be help Remembering with next two years. back and we’re glad that Dignity continue its misEmployment programs you have stayed with us sion of placing grave also fared better than exas our listening family.” markers, with names and pected. Vocational rehaFor state private nondates, on the 13,000-plus bilitation had its funding profits and state agencies graves of Minnesotans increased by $4 million, there was mixed news. who died while in state which is welcome news. State funding has been institutions. At hospitals Programs that help preserved or maintained and residential facilities, people with disabilities at some level, although headstones were tiny find work were spared future allocations may be markers with numbers – greater cuts than promade on a competitive if there were headstones jected initially. The basis. For others, planat all. Remembering Commissioner of Emning has had to start with With Dignity’s mission ployment and Economic cuts. Clients statewide is to make sure those Development and

Governor’s Workforce Development Council were asked to develop a competitive grant program for workforce development programs serving people with disabilities and people transitioning from public as- Gov. Mark Dayton signs documents ending the state shutdown. sistance to the Photo courtesy of the State of Minnesota workforce. Other agencies took Another change cenand Adults Act” and all significant cuts. One cut ters on use of restraints, the funding will go to advocates will watch as well as providing state pay for child protection closely is the Minnesota leaders with more inforand to protect vulnerable Department of Human mation on use of readults. Previously, 16% Rights, which will take a straints. Until August 1, of CCSA funds had gone cut of $340,000 over the 2012, a school district to children’s mental next two years. While may use prone restraints health and 6% had gone that is far less than a pro- under certain conditions. to adult mental health posed $4.3 million cut it Districts must provide which will no longer be still will have an impact state officials with a list the case. The money will on services. of staff members who be distributed to indiHere is how other arhave been specifically vidual counties based on eas fared. trained to use such rea new formula. straints, as well as specific Chemical dependency Education: information on training. and adult mental; health The education legislaOnly those staff memfacilities face varying tion is varying on chilbers will be allowed to levels of licenses indren with disabilities. use the restraints. Discreases, as do mental One key change elimitricts must also follow health centers and clinnates the set aside under specific reporting criteics. the “safe school” levy to ria. The legislation that pay for licensed school was passed called for a counselors, licensed Mental health: number of reports and school nurses, licensed Numerous changes studies over the next sevschool social workers, will affect people who eral months. The Comlicensed school psyhave a mentally illness missioner of Human Serchologists, and licensed and rely on state services will have to report alcohol and chemical de- vices. NAMI Minnesota to the legislature on how pendency counselors. has analyzed the legislathe Community BehavSpecial education fundtion and did find some ioral Health Hospitals ing is left at the current bright spots. For ex(CBHH) are being fully level, with a 4% growth ample, several grants that utilized to meet the needs factor, rather than the 2% had been threatened durof their particular region. proposed. ing the regularly session This effort must address with cuts were spared. how to use CBHH’s with This includes adult menless than 65% occupancy tal health crisis grants that are not Medicaid eliand culturally specific gible and how these faservices grants. cilities can be used for a Some cuts were made different purpose to meet but were less than origithe mental health needs nally propose. For exof their region. ample, grants for adult Legislation prevents the psychiatric hospital concommissioner from clostract beds were cut by ing the Willmar CBHH $400,000. A previous bill before March 31, 2012. made a $1.33 million cut. Another report state Children’s mental health lawmakers requested rescreening grants were cut quires the commissioner by $200,000, less than to issue a report about the $3.81, million previthe number of manageously proposed. Adult ment-level employees as mental health grants well as the ratio of manwere cut by $13.54 milagement to direct-care lion (10%) but only for staff at Anoka Metro Rethe next two years. A pre- gional Treatment Center vious bill had proposed and the Minnesota Secuthe same cut but exrity Hospital at St. Peter. tended it into the future. The commissioner Children and Commumust also develop a plan nity Services Act to provide care coordina(CCSA) grants were cut tion for children with by $22 million, the same mental illnesses who reas in the previous bill. quired more than The act is renamed the $100,000 in care during “Vulnerable Children the past year. ■


August 10, 2011 Volume 22, Number 8

Banquet - from p. 1 cluded plane tickets, garden supplies, jars of costume jewelry, restaurant gift certificates, original artwork, vintage items, theater and sports tickets and much more! Bidding can be spirited for some of the more popular items and friends can have fun bidding against one another. But the silent auction and raffle cannot succeed without the support of dedicated Access Press supporters. That’s where you come in. Do you have access to a pair of single-game sports tickets? Are you a skilled artist or crafter? Do you build wonderful birdhouses or make pretty quilts? Do you own a business that serves people with disabilities, and can offer a gift certificate for goods or services? Access Press Business Manager Dawn Frederick would like to hear your idea for a silent auction or raffle donation. Contact her at 651-644-2133 or dawn@accesspress. org Banquet sponsorships continue to come in. Courage Center, Land O’ Lakes, National Handicap Housing Institute, Rise and Tamarack habilitation have signed up. Access Press uses historic newsroom terms to delineate sponsors. Keyliners put the newspaper together, proofreaders check for typos and the editor-inchief is in charge of everything. Here is information on banquet sponsorship levels: Keyliners Level – $150 • Sponsor logo will be displayed at a table • Sponsor organization/ company name will be listed in the 2011 Charlie Award Banquet program • Sponsor organization/ company will be recognized in our November & December 2011 newspapers • Sponsor will have a free website ad (Sponsor month of choice), a value of $100 Proofreaders Level – $250 • Sponsor logo will be displayed at a table • Sponsor organization/ company name will be listed in the 2011 Charlie Award Banquet program • Sponsor organization/ company will be recog-

nized in our November & December 2011 newspapers Sponsor will have 2 free rotating website ads (Sponsor month of choice), a value of $200 • Sponsor organization/ company will be listed on a special banner (on display) during the 2011 Charlie Award Banquet Editor-in-ChiefLevel–$350 • Sponsor logo will be displayed at a table. • Sponsor organization/ company name will be listed in 2011 Charlie Award Banquet program • Sponsor organization/ company will be recognized in our November & December 2011 newspapers • You will have 2 free rotating website ads (Sponsor month of choice), a value of $200 • Sponsor organization/ company will be listed on a special banner, on display during the 2011 Charlie Award Banquet • Sponsor organization/ company will be recognized by our emcee during the 2011 Charlie Award Banquet • A table will be named in Sponsor organization/company’s honor the evening of the event Contact Dawn at 651644-2133 or dawn@ accesspress.org if your company is interested in being a sponsor for the banquet, or if you would like information on attending the banquet. Nominations for the 2011 Charlie Smith Award are prior to the August 30 due date. While there is still time to nominate someone who has provided outstanding service to Minnesota’s disability community, the newspaper board of directors reminds everyone that the deadline is approaching. Do you know someone who is an effective selfadvocate? Do you know someone who doesn’t get the recognition for his or her efforts on behalf of people with disabilities? Nominees can be anyone from anywhere in Minnesota. Access Press would like to see nominations from Greater Minnesota as well as the Twin Cities. Go to the newspaper website at www.access press.org or call the office at 651-644-2133 for a form.

Events - from p. 11 Minnesota Health Care Programs, such as MinnesotaCare and Prepaid Medical Assistance Program; adults with disabilities and Medicare beneficiaries with chronic health conditions, and Minnesotans dually eligible for Medical Assistance and Medicare FFI: 1-877-5231518 (toll free), www.ucare.org Mental Illness support groups The National Alliance on Mental Illness of Minnesota (NAMI-MN) sponsors free support groups for families who have a relative with a mental illness. NAMI has 23 family support groups, over 20 support groups for people living with a mental illness, anxiety support groups, and Vet Connection groups for returning soldiers. Led by trained facilitators who also have a family member with mental illness, the support groups help families develop better coping skills and find strength through sharing their experiences. An Open Door Anxiety and Panic support group meets in St. Paul at 6:30 p.m., on the first and third Thursday of the month, at Gloria Dei Church, 700 Snelling Ave. S. St. Paul. FFI: NAMI, 651-645-2948 or www. namihelps.org A new Vet Connection Support Group meets every 67:30 p.m. Wed at St.

Joseph’s Hospital, 45 West 10th St., room G-752, St. Paul. FFI: Molly, 651645-2948 ext: 112, or Brian, 651-261-1185.

Volunteer, Donate Give away that car Autos for Arc can take old vehicles off your hands, give you a tax deduction and say “Thank you!” for helping change the lives of people with disabilities. Autos for Arc accepts cars and trucks of any model and condition and other vehicles including boats (with trailers), RVs, ATVs, golf carts, personal watercraft, motorcycles and snowmobiles. Within the seven-county metro area, Autos for Arc can arrange to have a vehicle towed free of charge. Call the toll-free Autos for Arc hotline, 1-877-778-7709, to arrange a pickup. Or drop off vehicles at a Value Village location. FFI: 1-877-778-7709, www.autosforarc.org Volunteer with RSVP Volunteers age 55 and older are eligible to receive free supplemental insurance, mileage reimbursement and other benefits through the Retired and Senior Volunteer Program (RSVP) sponsored by Volunteers of America of Minnesota. RSVP/Volunteers of America of Minnesota and AARP Foun-

dation need volunteers with good budgeting and organizational skills to help manage finances of older or disabled low-income individuals. Have a few hours a month to volunteer? Money Management Program staff will train and match you with someone in the community. FFI: Money Management Program Coordinator, 612-617-7821

Pg 15

Be a reading tutor Encouraging, enthusiastic volunteers needed to help adults learn to read! Spark a love of literature and partner with someone new by tutoring at one of the many convenient locations throughout the metro area. Ongoing training and support is provided by the Minnesota Literacy Council. FFI: Allison, 651-6452277 x219 or email volunteer@themlc.org, or visit www.themlc.org ■

EMPLOYMENT Employment ads are $22-$25 per col. inch. Mail to: Access Press, 1821 University Ave. #104S, St. Paul, MN 55104 FAX 651-644-2136 • Email: access@accesspress.org

This could be your ad! Call 651-644-2133 TODAY to reserve your spot in the next issue!

CLASSIFIEDS Access Press Classifieds are $14 for the first 12 & 65¢ per word thereafter. They must be prepaid. Mail with check to: Access Press, 1821 University Ave W, #104S, St. Paul, MN 55104 • 651-644-2133

FOR RENT Lewis Park Apartments: Barrier-free housing with wheelchair users in mind. Section 8 subsidized. One- and twobedroom units. For more information on availability call 651-488-9923. St. Paul, MN. Equal Opportunity Housing. Oak Park Village: We are accepting applications for the waiting list for onebedroom wheelchair accessible apartments. Section 8 subsidized. Convenient St. Louis Park location. Call 952-935-9125 for information. Equal Opportunity Housing. Seward Square Apartments: We are currently accepting applications for our waiting list for barrier-free housing, in Minneapolis, that is federally subsidized. For an application, please call 612338-2680. Equal Opportunity Housing. Calvary Center Apts: 7650 Golden Valley Road, Golden Valley, MN. A Section 8 building now accepting applications for our waiting list. Call 9 am to 4 pm, Mon – Fri 763-546-4988 for an application. Equal Opportunity Housing. Holmes-Greenway Housing: One- and twobedroom wheelchair-accessible apartments. Section 8 subsidized. Con-

venient SE Minneapolis location. Call 612-3780331 for availability information. Equal Opportunity Housing. VAN FOR SALE 2003 Chrysler Town & Country van, Rollx conversion, 72,000 miles. New battery, low mileage on tires. Recent maintenance check completed on equipment; Four locations for wheelchairs positions; retractable tie-downs. $18,500 negotiable. Call 612-760-8627 AVON: Independent Avon Representative Serving the New Brighton, MN area. For questions contact by email jd washenberger@gmail.com or by phone 612-203-1585 Place orders at: http:// jwashenberger.avonrepresen tative.com SHAKLEE Products Available Need a Shaklee source? I can help! Nutritional consultation with all-natural & organic products that won’t harm you (or the planet). Nutritional supplements, weight loss, skin & hair care, and green cleaning products. Experience you can trust. Kevin Lamminen, Independent Shaklee Distributor Phone: 612-290-9219, Email: kevin.lamminen @gmail.com Web: www. lamminen.myshaklee.com


Pg 16 August 10, 2011 Volume 22, Number 8

ISSUE SPONSOR UCare among the highestrated health plans in the U.S. UCare (www.ucare.org) is an independent, nonprofit health plan providing health care coverage plans and administrative services to more than 230,000 members. UCare was created in 1984 by the Department of Family Practice and Community Health at the University of Minnesota Medical School. Today, UCare partners with health care providers, counties, and community organizations to create and deliver innovative health coverage for: • Individuals and families enrolled in income-based Minnesota Health Care Programs, such as MinnesotaCare and Prepaid Medical Assistance Program. • Adults with disabilities and Medicare beneficiaries with chronic health conditions. • Minnesotans dually eligible for Medical Assistance and Medicare. • Medicare-eligible individuals throughout Minnesota and in western Wisconsin. UCare addresses health care disparities and care access issues through its UCare Fund grants and a broad array of community and outreach initiatives.

Delivering health care value is UCare’s top priority. UCare works to: • Improve access to needed services by all members and the community-at-large. • Bring high-quality care to every member. • Demonstrate cost-effectiveness. • Reinvest in the communities it serves. • Enhance the health care infrastructure of the providers who care for UCare members. Members of UCare’s UCare for Seniors Medicare Advantage plan gave it a 8.79 out of 10 for Overall Rating of Health Plan. This 2010 Consumer Assessment of Health Care Providers and Systems (CAHPS) score is higher than the national and state averages. Moreover, UCare’s summary rating of health plan quality is 4.5 out of 5 stars, as reported by the Centers for Medicare & Medicaid Services (CMS). This rating places UCare among the highest-rated health plans in Minnesota and the nation. The health plan recently received a Top Workplaces 2011 honor from the Star Tribune. ■

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