The legislation governing the Iowa Program for Assistive Technology (IPAT) was reauthorized in 1994, and requires each grant program to provide legal advocacy, as an additional measure to help facilitate individuals receiving the assistive technology they need. However, IPAT had already recognized this as a need in Iowa, and had created their own legal advocacy program by contracting with the University of Iowa College of Law Clinical Program. This contract created the Assistive Technology Legal Project at the Law School (Legal Clinic). Currently, IPAT has two contracts, one with the Law School and one with Iowa Protection and Advocacy Services, Inc. (P&A).
Legal Advocacy is an extension of the funding referral services currently being provided through InfoTech. InfoTech began providing funding information in Year 3 (April 1992-March 1993) of our grant. While talking with callers, we became aware that many people do not know of their rights regarding the programs (i.e. Medicaid, Medicare, Vocational Rehabilitation, IDEA, etc.) that provide assistive technology funding.
The process starts when someone contacts InfoTech to get information on potential funding resources. They will receive a variety of Fact Sheets on the funding resources for which they may be eligible. InfoTech will include additional information, or Help Sheets, on methods to use when approaching certain resources. There are also brochures regarding legal rights for children, adults, and elders. If it sounds as if a caller isn’t receiving the services they should, they are offered Legal Advocacy through either P&A or the Legal Clinic, which program a person is referred to depends on where the caller lives. Those in the eastern half of Iowa (using I-35 as a dividing line) will be referred to the Legal Clinic; those in western Iowa and the Des Moines area will be covered under the IPAT contract with P&A.
When a caller is referred for legal advocacy, they will actually be contacted by someone from one of the two programs. John Allen, a professor at the U of I Law School oversees the students and their work with the Legal Clinic. At P&A, the intake specialist is Joan Swanson, and Curt Stysma is the lawyer overseeing the cases. Services provided through these two contracts are free to the caller and the legal advocate works directly for them.
The programs have been very successful. Some of the equipment callers have received, with assistance from legal advocacy include: computers, computer adaptations (voice recognition, speech output, modified keyboard, scanner), software, augmentative communication devices, power and manual wheelchairs, stair lifts, scooters, therapeutic equipment, postural seating supports, and van modifications. Successful AT service-related issues include: computer repair, warrantees, ADA accommodations, transportation, and training.
The Legal Clinic and P&A report a 90% success rate on cases in which they have been involved. The Legal Clinic not only provides free legal services, but they train law students, many of whom stay in Iowa, about disability-related, legal issues. P&A and the Legal Clinic also work on larger, systemic advocacy programs more fully described on the IPAT page. [Since the publication of this article, the AT Legal Project has changed. Please see Legal Project and Legal Advocacy for more up-to-date information.]
For information on potential funding resources, call InfoTech at 800-331-3027.
We’d like to take the opportunity to say good bye, good luck, and happy retirement to our director, Dr. James C. Hardy. He retired at the end of June. Dr. Hardy has been the director since the inception of the program in April, 1990. We appreciate all he has done to enhance assistive technology services in Iowa. Thank you!
At the same time, we are pleased to announce the Jane Gay and Mary Quigley will take over as co-directors of IPAT. They have been a part of IPAT since 1991. Congratulations on your promotions!
The ICanGoSM Box, from AssisTech Inc., is an easy-to-install kit the coverts a battery-operated ride-in vehicle from a standard foot-pedal operation to work with any adaptive switch. Attach the ICanGo Box to the car and make a few simple wire connections under the hood – and the vehicle will be automatically adapted. The ICanGo Box works with any single-pedaled battery-operated vehicle and comes in a kit with everything you need to install the Box. The ICanGo Box is $99.95 and an additional ICanGo switch is $45.
AssisTech Inc. also has something called the Noddy SM Box that makes a child’s favorite battery-run toy interact with the computer and software. The Noddy Box plugs into the modem port on a Macintosh computer of the serial port on an IBM or compatible computer and works with all alternative mouse and keyboard devices. The Noddy Box Kit includes a re-usable adapter plug, a Fun Disk for immediate play, and the Noddy NBA to help develop HyperStudio stacks and special software to use with the HyperStudio To activate the Noddy Box, and a QuickStart Instruction sheet. The Noddy Box (separate boxes for IBM and Mac) with one adaptor cable is $109.95. Additional cables cost $10.
AssisTech also makes the Noddy SM Puppet Stick to turn a regular hand-held puppet into a mechanical puppet. The puppet slips onto the "animation post" which is then activated by a switch plugged into the base (you can use your own switch or use the Noddy Switch). The Puppet Stick is easy to assemble and runs on four C batteries. The Noddy Puppet Stick is $89.95 and the Noddy Switch is $42.00.
For further information on any of these products contact AssisTech Inc., PO Box 137, Stow, New York 14785; 716-789-4197 or 888-ASISTEK (888-274-7835).
The Iowa Program for Assistive Technology (IPAT) is funded through the Technology-Related Assistance Act as a "systems change grant." IPAT must work to improve the way that individuals obtain assistive technology (AT) and services, and ensure those improvements become a part of, and thus change, the current system. Some of the activities that promote changing the system often require a long term commitment. One of the ways that IPAT works for change is through its legal advocacy contracts with the University of Iowa College of Law Clinical Program (Legal Clinic) and Iowa Protection and Advocacy Services, Inc. (P&A).
The article, Legal Advocacy and Assistive Technology, contained in this issue of InfoTech describes the work carried out in those contracts to represent individuals and families in obtaining the AT devices and services they need. As a result of this advocacy, consumers and families have obtained a variety of assistive technology devices and related services. Systems advocacy includes individual case representation which not only meets the needs of individuals, but may change practices, policies, and the law.
For example, one of the cases undertaken by the Legal Clinic is to represent an individual who needs a new adaptive wheelchair and resides in a nursing facility The nursing facility disputes the medical need for the technology and its obligation to pay for it. The facility also maintains that the money it receives from Medicaid for the individual’s care on a "per diem" basis is insufficient to cover the cost. Efforts to reach a settlement were unsuccessful and a suit has been filed in federal district court. The decision of the court will have an impact on the availability of needed adapted equipment for individuals residing in care facilities.
In addition to individual case representation, systems advocacy includes efforts to create and change legislation, policies, procedures, and practices. Initiatives are chosen based on consumer input, including an AT Advisory Council support by the P&A contract.
The Legal Clinic has worked for the last year and a half on the enactment of the Assistive Devices Warranty Act of "Lemon Law." This work included researching consumer protection and lemon law legislation across the nation, assisting legislators in drafting the bill and its amendments, working with advocacy groups across the state, surveying consumers about the lemon law, providing technical assistance to legislators and consumer groups, and lobbying at the State Capitol.
Attorneys from P&A and the Legal Clinic have provided technical assistance to state agencies such as the Iowa Division of Vocational Rehabilitation Services (DVRS) in the development of their policies related to the delivery of assistive technology related services. P&A has also worked with the state’s two residential hospital schools to develop procedures and practices related to assistive technology assessments as individuals move into community settings.
The InfoTech newsletter is a publication of the Iowa Program for Assistive Technology, a project of Iowa's University Affiliated Program. The program is based in The University of Iowa Hospitals and Clinics. InfoTech aids individuals with disabilities, parents, families, and professionals by providing information on the availability of both new and used adaptive devices. No endorsement of products or services is intended. For more information on devices or for help in locating other types of specialized equipment, call: 1 (800) 331-3027 (voice/TTY).
IPAT is supported by the National Institute on Disability and Rehabilitation Research, United States Department of Education (NIDRR/ED). This material does not necessarily reflect the views of NIDRR/ED or indicate official endorsement of their contents.
InfoTech, Iowa Program for Assistive Technology, University Hospital School, 100 Hawkins Drive, Room S384, Iowa City, Iowa 52242-1011
IPAT/Home InfoTech UERS AT Legal Project
Publications
Links
Disclaimer
IPAT/InfoTech is proud to be 
Find out more about this logo
and accessible page design. Also check out the booklet, Accessible
Web Designs for more information.