Feds fine physicians who won't treat HIV patient

DEPARTMENT OF JUSTICE PRESS RELEASE

As part of its Barrier-Free Health Care Initiative, the Justice Department has reached a settlement with Genesis Healthcare System in Ohio to resolve claims that Genesis discriminated against a woman with HIV in violation of the Americans with Disabilities Act.

Following an investigation, the Department found that Genesis discriminated against a woman with HIV when one of its primary care physicians refused to accept her as a new patient because of her HIV, despite the fact that she was only seeking a general practitioner for medical care unrelated to HIV. The Department's investigation revealed that it was this doctor's practice to refer any patients with HIV seeking a primary care physician to an HIV specialist. 

Under the settlement, Genesis must may $25,000 to the victim of discrimination, and $9,000 as a civil penalty. In addition, it must train its staff on the ADA, develop and implement a non-discrimination policy, and report to the Department every time a person with HIV (or who is suspected of having HIV) is denied or discharged as a patient, with a written justification for the decision.

For more information on the ADA, HIV discrimination, and this settlement visit www.ada.gov/aids, or call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD). For more information on the Barrier-Free Health Care Initiative visit http://www.ada.gov/usao-agreements.htm.


-- Jerry Wolffe

Jewish Vocational Service seeks employers for internships

SOUTHFIELD – Detroit companies are being sought to provide internships as part of an initiative of the Jewish Vocational Service to help people with disabilities develop work skills and find jobs.

The Pathways to Careers (Pathways) initiative covers the costs of the internship wages for participants.

“Through the Pathways program, our focus is on maximizing the likelihood of a good job fit,” said Bill Hielscher, JVS employer relations specialist. “The program provides resources and incentives for employers, and interns receive support from JVS to help ensure success.”
Pathways participants will undergo a discovery process to identify their skills, interests, and abilities. Individuals will then be matched with an employer for an 8-12 week internship at no cost to the employer.

“Becoming a Pathways employer is an exciting opportunity for local companies to meet their business needs while helping to shape a better future for individuals with disabilities,” said Hielscher. “Permanent employment is the ultimate goal, and Pathways offers a great way match interns to potential employment opportunities and make sure it’s a good fit for everyone.”

Employers interested in serving as internship sites may call Bill Hielscher at (248) 795-8943 or email him at bhielscher@jvsdet.org.

Jerry Wolffe is the writer-in-residence, advocate-at-large at the Macomb-Oakland Regional Center. He can be reached at (586) 263-8950.

Coalition fights for raises for direct care workers

By JERRY WOLFFE

As part of its 40th Anniversary, the Association for the Macomb-Oakland Regional Center (AMORC), a parents group, will host a special meeting at noon Tuesday (Jan. 13) at the Macomb-Oakland Regional Center Office, 1280 Doris Road in Auburn Hills to argue for increased pay for direct care workers.

Guest speakers are Robert Stein, General Counsel for the Michigan Assisted Living Association, and Teri Donaldson, Executive Director of The Futures Foundation (TFF).

Stein will be speak about a statewide coalition he is involved in that is working on pay raises for direct-care workers or those employees who actually take care of those with disabilities or mental illness in group homes or their own apartments.

"It is disgraceful that funding has been flat for the past decade for direct-care workers who are involved in the care of the most vulnerable persons within the mental health system," said AMORC President John Torrone. "During the past decade, the rate of inflation has gone up nearly 30 percent, and the average wage of a direct-care worker currently is only $9.03. Annual turnover rates range up to 50 percent, according to providers for direct-care workers.

"On October 1, 2014, providers serving those within the mental health system were hit with a six percent cut, mostly caused because of reductions of Medicaid rates." Torrone added. "In addition, on October 1 General Fund cuts also went into effect, which impacts respite care and unlicensed respite camps. The mental health system is within one more cut of completely collapsing."

According to Donaldson, The Futures Foundation in 2014 "awarded $90,000 to fulfill the wishes, dreams, and needs of 164 individuals and $10,000 to 25 individuals for dental needs. In 2015, we will be awarding $120,000 in general grants and $10,000 in dental grants."

Jerry Wolffe is the writer-in-residence and advocate-at-large at the Macomb-Oakland Regional Center. He can be reached at 586 263-8950.

MORC Receives Grant to Support Theatre Program for those with disabilities

By JERRY WOLFFE

The Macomb-Oakland Regional Center has received a $2,675 grant from the Michigan Council for Arts and Cultural Affairs and the Anton Art Center to support the "Acting Out Your Dreams" program.

The program will provide theatre arts education to individuals with developmental disabilities served by MORC, the state’s largest nonprofit based in Clinton Township with an office in Auburn Hills, in partnership with All the World's a Stage. Following 12 weeks of instruction, program participants will stage an exhibition of their work open to the community.  The grant dollars will be matched by the Futures Foundation, maximizing the public/private collaboration.

“We've seen the value of performance art in helping individuals express themselves, gain self confidence and improve teamwork,” says Project Director Teri Donaldson.  “We are thrilled to receive this grant which will offer this unique artistic experience to the individuals with developmental disabilities that we serve.”

MORC's grant was awarded through the MCACA peer review process and was one of 494 applications to compete for fiscal year 2015 funding.  The MCACA review process allows for each grant application to be competitively considered by a panel of in-state and out-of-state arts and culture professionals.  This ensures the taxpayers, who support this project through legislative appropriations, and all other visitors or residents of Michigan will have access to the highest quality arts and cultural experiences.  The program is also supported nationally by the National Endowment for the Arts and locally by the Anton Art Center, the region 10A regranting agency.

The Macomb-Oakland Regional Center provides wide-ranging services to individuals with developmental disabilities and mental illness in Southeast Michigan.

Wolffe is the writer-in-residence and advocate-at-large at the Macomb-Oakland Regional Center. He can be reached at 586 263-6350.

Bernstein sworn in as Michigan Supreme Court Justice 01.01.2015

Richard Bernstein sworn in as Michigan’s first blind Supreme Court justice

From left, Chief Justice Robert Young, Jr. swears in new Justices of the Michigan Supreme Court, David Viviano, Richard Bernstein and Brian Zahra at the state Capitol in Lansing on Thursday, Jan. 1. AP photo

By Dustin Blitchok, The Oakland Press

Posted: 01/01/15, 5:27 PM EST | Updated: 8 mins ago

4 Comments

Richard Bernstein made history on New Year’s Day when he was sworn in as the Michigan Supreme Court’s first blind justice during a chilly inauguration ceremony at the Capitol.
The 41-year-old disability rights attorney and Birmingham resident said he’s spent six weeks catching up on the 10 cases scheduled for oral arguments in January and will start work at 9 a.m. Friday.
Bernstein said after the ceremony that he hopes his election to an 8-year term on the High Court might encourage employers to consider hiring applicants with a disability.

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“Disabled people know what their capabilities are. They just need to be given a chance,” Bernstein said. “Companies and employers, with modest accommodations, can bring disabled people onto their staff and they can do great things.”
Jerry Wolffe, the writer-in-residence and disability rights advocate at the nonprofit Macomb Oakland Regional Center, has known Bernstein for 15 years. Wolffe writes The Oakland Press’ “Voices of Disability” column
“Richard will protect the rights and advance the cause of those with a disability by being on the court,” Wolffe said. “Truly, in his case, justice is blind.”
Gov. Rick Snyder, Lt. Gov. Brian Calley, Attorney General Bill Schuette, Secretary of State Ruth Johnson and other state officeholders were sworn in during the inauguration, with Detroit Mayor Mike Duggan serving as master of ceremonies.
“We can do incredible things when we do them together,” Snyder told a crowd of more than 500 supporters in his inaugural address, pointing to Detroit’s recent emergence from bankruptcy as an example. “Let’s keep that spirit going. Let’s show how we can do these special things.”
Bernstein and colleagues Justice Brian Zahra and Justice David Viviano were sworn in by Chief Justice Robert P. Young Jr.
Bernstein and incumbent Zahra won eight-year terms Nov. 4, while incumbent Viviano was elected to a partial term ending in 2017.
They’ll join Justice Stephen Markman, Justice Mary Beth Kelly and Justice Bridget McCormack when the court begins hearing oral arguments later this month.
“Our new colleague, Justice Bernstein, brings incredible energy and enthusiasm to the court,” Young said in a statement. “We are all ready to work together to build on a successful record of driving change to improve service to the public.”
A full-time reader on staff will work with Bernstein on memorizing briefs, court filings, Constitutional interpretation and other elements of the job.
“(I) have to know the material backward and forward. I don’t have the luxury of notes.”
Bernstein, who has been blind since birth, said he must also learn the physical layout of the Michigan Hall of Justice.
“When you’re blind, you have to be focused, you have to be energetic and you have to be intent,” he said. “It requires an incredibly heightened degree of focus.”
Bernstein’s last day at the Sam Bernstein Law Firm in Farmington Hills, where he established a Public Service Division, was Wednesday. “It’s a transition into an entirely new life,” he said of his move to the other side of the bench.
A graduate of the Northwestern University School of Law in Chicago, Bernstein represented the Paralyzed Veterans of America in partnership with the U.S. Department of Justice in an action against the University of Michigan to allow for safe access for disabled people when stadium upgrades failed to accommodate disabled visitors.
Other achievements during his law career included partnering with the Department of Justice to force Detroit to fix broken wheelchair lifts on its buses and a recent settlement against Delta Airlines and Detroit Metro Airport that gained accessibility for disabled fliers.
Bernstein said his mission now is to recognize the responsibility that comes with his judgeship and honor the voters by doing an “outstanding” job.
“At the end of the day, it’s really about trust.”
The Associated Press contributed to this report.