An
Addition for Joy
by Jennifer Britton, InfoTech
Information Specialist
Independence, privacy, and strong family relationships are common goals for young people
as they reach adulthood. They are certainly important for Joy Crimmins and her family of
Dubuque, Iowa. Joy is a young woman of 20 who has special needs including the eventual use
of a wheelchair. Her parents, Jackie and Vince Crimmins, knew their home would not
accommodate a wheelchair, so they decided to build a ground floor addition which adds a
bedroom and bathroom specifically designed for Joy. This addition meets Joy's special
physical needs, while giving her the independence and privacy desired by all young adults.
It also keeps Joy at home, helping maintain her strong relationship within her close-knit
family. "Our first priority was for Joy to have more independence. We also made a
decision as a family to keep Joy close to home and not to place her in a community living
setting," says Joy's mom, Jackie.
Joy receives services through Medicaid's Home and Community Based Waiver Services for
Persons with a Primary Diagnosis of Mental Retardation, which is commonly referred to as
the MR Waiver. Keeping individuals with disabilities at home with their families is at the
heart of the MR Waiver. The various Medicaid Waiver Programs available in Iowa provide
Medicaid coverage and additional Waiver Services to individuals who would otherwise
require placement in an institutional setting. One of the components of the MR Waiver is
funding for home and vehicle modifications.
Vince and Jackie decided to access the MR Waiver to help them pay to make their new
addition accessible. However, when they applied they were told that they would not be able
to use the home modification dollars to make Joy's addition accessible. So, the Crimminses
began looking for other potential funding resources and in their search they contacted
InfoTech. During the telephone conversation, it became clear there were questions as to
what services should be available through the MR Waiver, so Vince and Jackie received a
referral for Legal Advocacy. The Iowa Program for Assistive Technology has two legal
advocacy projects, one through the Assistive Technology (A.T.) Legal Project at the
University of Iowa College of Law, and one through Protection and Advocacy Services of
Iowa. Since the Criminses lived in Eastern Iowa, they were referred to the AT Legal
Project at the University. The advocacy help they received clarified that the accessible
toilet and shower were indeed covered items under the home modification component of this
Waiver. "What we did through the AT Legal Project was to foster clear
communication," says John Allen, the professor who oversees the project.
Joy says she is very proud of having something of her own and feels good about the
independence and privacy it affords her. If you have questions about funding assistive
technology please contact InfoTech at 800-331-3027.
The AT
Legal Project
by Jennifer Britton, InfoTech Information
Specialist
The Iowa Program for Assistive Technology (IPAT) funds the Assistive Technology (AT) Legal
Project at the University of Iowa College of Law. The Project has two components, direct
legal advocacy (see preceding article An Addition for Joy) and legislative/policy change.
The Project is overseen by clinical law professors which includes the supervision of
approximately eight student interns each semester. Project goals are to provide high
quality legal services to referred individuals and their families; to provide law students
with extensive experience with the legal issues encountered in representing persons with
disabilities; and to create systemic policy changes.
Mary Quigley, Co-Director of IPAT, feels very proud to have started the AT Legal Project
in 1993. "At that time the Tech Act did not have a mandate to provide legal advocacy
services, so Iowa was the first in the country to work with a law school legal clinic. The
AT Legal Project provides consumers with access to a great deal of legal talent, which
includes hard-working students and two very dedicated professors John Allen and Leonard
Sandler." Quigley notes that by using the clinic, consumers also have access to the
extensive expertise which is available through the College of Law. "This project
exemplifies the concept of 'systems change,' which is what our grant is all about. By
training law students on how to provide successful legal advocacy, this project helps
increase the pool of practicing attorneys willing and able to take on such cases.
Ultimately, this provides more access and choice to consumers."
Legal Advocacy
Professor John Allen supervises students who represent individuals with disabilities
trying to obtain needed assistive technology. Through this project, students encounter
disability-related issues and experience the complexity of the social service system.
"These are important systems that lawyers need to understand," says Allen.
"There is very little in the traditional curriculum that addresses funding systems
for assistive technology. Billions of dollars are spent annually in the United States on
Medicaid and most lawyers know nothing about it."
Katie Cownie, a third year student working on the A.T. Legal Project, agrees with
Professor Allen. "I went through two years of law school, and it wasn't until I
starting working in the clinic that I encountered these issues."
Felicia Beeching, another student, adds, "The Assistive Technology project is
wonderful. Working with this project provides a great opportunity to learn so much more
about administrative laws, particularly as they relate to disability issues. I didn't know
anything about assistive technology before I started working in the clinic."
Through this Project consumers have obtained a variety of AT, including power wheelchairs,
augmentative communication devices, lifts, computer adaptations, and home modifications.
In addition to Medicaid, students have worked on cases that deal with private insurance,
Medicare, education, the ADA, warranty issues, and consumer fraud.
The students receive an orientation that includes a tour through University Hospital School which is part of the
University of Iowa Hospitals and Clinics. Through this tour students are able to hear from
professionals what types of technology are available and how it can help. "It is
amazing what technology can do for people," says Beeching.
Allen points out that students in the clinical work virtually full-time. "Clinic
hours represent 60% of their time during that semester and constitute an immersion
experience. Working in different forums, from the little chairs in a first grade classroom
during an IEP staffing to the big chairs in federal court, shows the students that lawyers
can be helpful in all sorts of environments."
Beeching adds, "I have also learned that in assistive technology cases no doesn't
always mean no and clients don't always realize that. It has made me feel really good to
be able to help people in this area. Besides, the cost of paying an attorney in private
practice would be prohibitive for most people. This project helps clients because it is
free, and it helps the students because of all the experience they receive."
Legislative/Policy Change
The second component of the AT Legal Project is to focus on policy and legislative work.
This part of the Project is overseen by Professor Leonard Sandler. One example of this
that helps illustrate systemic change is the Assistive
Devices Warranty Act also referred to as the Lemon Law. The Lemon Law provides a
one-year warranty to consumers when they purchase assistive technology. Sandler explains,
"The students began the Lemon Law project as a comparative research request for a
legislator. They analyzed the research, made recommendations, and worked with consumer
groups and organizations, policy makers, and legislators. They worked both with and
against industry lobbyists." This work evolved into what became the actual
legislation. "The bill was signed into law this past year and the students got
tremendous satisfaction from that. It was their law."
Together with IPAT, the students also developed an informational fact sheet about the
Lemon Law. "Our hope is to get that information to consumers and vendors to avoid
future litigation. It is a prime opportunity to eliminate the need for individual court
action," says Sandler.
Professor Sandler compared the policy work to a think tank with the target community being
individuals who have disabilities. "We work with many groups, such as the Systems
Change Project, the Johnson County Coalition for Persons with Disabilities, and ICARE.
IPAT targets the focus and we take it from there." Current systems change initiatives
include a sales tax exemption for assistive technology, a tax credit for small employers
to purchase AT for employee
accommodations, and a county management plan project.
Sandler noted, "The Clinic is gaining a reputation for this kind of work and we are
starting to have projects referred to us. Currently we are working on housing, employment,
and institutional issues."
Since it's inception, over 80 students have benefited from participation in this project.
All of the individual legal advocacy cases are referrals from InfoTech. These referrals
are made to the AT Legal Project in situations where a caller is having trouble accessing
public resources or private insurance for funding the assistive technology they need. To
date, InfoTech has made 113 such referrals. For more information on the AT Legal Project,
please contact InfoTech at 800-331-3027.
Assistive
Technology Act of 1998
by Mary Quigley, Co-Director
President Clinton signed the Assistive Technology Act (ATA) (P.L.
105-394) into law on November 13, 1998. The bill is the result of a bipartisan effort
in Congress, with input from users of assistive technology from across the U.S. The ATA
reaffirms the importance of assistive technology for individuals with disabilities. This
bill has three titles, and for the current year, only Title I received funding. Title I
supports the continuation of all state Tech Act Projects for ten years, with reduced
funding for projects in their 9th and 10th years. (IPAT will be beginning its 10th year in
April of this year). After each state has completed ten years, they may apply for a
discretionary three-year extension at year 10 funding levels.
The ATA requires each state to:
1) conduct assistive technology public awareness programs;
2) provide technical assistance and training for targeted individuals;
3) promote interagency coordination to increase access to assistive technology; and
4) provide outreach to underrepresented and rural populations.
Tech Act Projects may also conduct certain discretionary activities, such as loan programs
and inter-state agreements. The ATA also provides for the continuation of legal advocacy
services.
IPAT will continue many of its current activities under the new ATA, and will continue to
receive direction from the Iowa Council for Assistive Technology, which is comprised of
over 60% consumers and family members as well as representatives of state agencies and
advocacy organizations. The Council is currently working with the IPAT staff to develop
the priorities for the next grant year.
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
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