Category: United States

United States related

Department of Justice files Statement of Interest in title III lawsuit involving point-of-sale devices

The Justice Department has filed a Statement of Interest in private litigation pending in the United States District Court for the Southern District of Florida, David New v. Lucky Brand Jeans.  In that case, plaintiff has alleged an ADA violation based on Lucky Brand Jeans’ use of touch-screen point-of-sale devices that do not allow individuals who are blind to independently enter their private personal identification number when making an in-store purchase using a debit card.  Among other things, the Department’s Statement of Interest addresses the proper framework for evaluating the title III ADA claim at issue in this case.

To find out more about the ADA or statement of interest, call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA.gov website.

Seminar: Medicare Coverage of Low Vision Devices

YOU’RE INVITED!

 

Making it Clearer: Medicare Coverage of Low Vision Devices Pending Legislation, Policy Implications, and What You Can Do About It

 

A Free Teleseminar Jointly Hosted by:

 

The American Foundation for the Blind

 

and

 

The American Council of the Blind

 

Wednesday, March 12, 2014, 3:00 p.m., Eastern

 

***Sponsored by HumanWare***

 

For further information, contact:

 

Mark Richert, Esq.

Director, Public Policy, AFB

(202) 469-6833

MRichert@afb.net

 

You are invited to participate in a free national teleseminar jointly hosted by ACB and AFB to learn about recent activities in the U.S. Congress to promote Medicare coverage of low vision devices. We are grateful to HumanWare, www.HumanWare.com, a global leader in low vision and other assistive technologies, for their gracious support which is making this teleseminar possible.

 

There is no need to register or RSVP for this free teleseminar. To join the call, simply dial the toll-free number below at least ten minutes prior to the March 12, 3pm Eastern, start time. Dial:

1-866-939-3921

Tell the operator that you are joining the “low vision devices” call.

 

We look forward to a lively discussion with all who are interested in advancing the cause of Medicare coverage for low vision devices and other assistive technologies. During the teleseminar, topics to be covered will include pending legislation in Congress, the array of policy implications of a permanent change in the Medicare program, and how advocates can participate in the policy process.

 

Background

 

For decades, the vision loss community has been advocating for Medicare’s coverage of assistive technologies, particularly low vision devices. Currently, Medicare will not pay for any device that happens to use a lens, regardless of whether such device incorporates any other features. The Centers for Medicare and Medicaid Services (CMS), the federal agency responsible for the management of Medicare, has ruled that devices, such as low vision devices, that use a lens are excluded from coverage just as are eye glasses or contact lenses except in very narrow circumstances.

Now, for the first time, federal legislation would begin to change this unacceptable national policy by establishing a nationwide Medicare demonstration project to evaluate the fiscal impact of a permanent change in Medicare coverage to pay for low vision devices. The legislation, H.R. 3749, introduced by Reps. Carolyn Maloney (D-NY) and Gus Bilirakis (R-FL), would initiate a five-year demonstration project that would put low vision devices in the hands of Medicare beneficiaries who, after a clinical evaluation by an ophthalmologist or optometrist, can benefit from a low vision device and for whom such devices are medically necessary. The legislation is careful to require that the demonstration project be genuinely national in scope and is explicitly designed to yield reliable data and meaningful results. Once the legislation is enacted and the demonstration project is successfully completed, Congress will have significantly richer data upon which to consider changes to the Medicare program to make coverage of low vision devices, especially the most costly devices, a permanent feature of the program. Precisely how many individuals will receive low vision devices and how many physicians across the country will participate in the demo project will need to be determined by CMS, working in consultation with stakeholder groups, as it develops and implements the project. The legislation makes $12.5 million available for the project over five years.

Advocates are encouraged to contact your members of the United States Congress.

Department of Justice Issues Two New Mediation Publications

The Department of Justice has issued two new publications explaining its ADA Mediation Program. Through its Program, the Department of Justice resolves many ADA complaints quickly and effectively at no cost to the parties.

Resolving ADA
Complaints Through Mediation: An Overview outlines the Program, and The ADA Mediation Program responds to frequently asked questions about the Program.

To find out more about the ADA and the ADA Mediation Program, call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or visit its ADA.gov website.

Meeting a Guide Dog Team – Some Words of Advice

Who doesn’t love dogs — especially in the LGBT community! Many of our members and allies are either guide dog users or puppy raisers. Check out the info below about interacting with a guide dog team.

Saying Hello to a Guide Dog Team!

• As tempting as it may be to pet a Guide Dog, remember that this dog is responsible for leading someone who cannot see. The dog should never be distracted
from that duty. A person’s safety may depend on their dog’s alertness and concentration.
• It is okay to ask someone if you may pet their guide. Many people enjoy introducing their dogs when they have the time. The dog’s primary responsibility
is to its blind partner and it is important that the dog not become solicitous.
• A Guide Dog should never be offered food or other distracting treats. The dogs are fed on a schedule and follow a specific diet in order to keep them
in optimum condition. Even slight deviations from their routine can disrupt their regular eating and relieving schedules and seriously inconvenience their
handlers. Guide Dogs are trained to resist offers of food so they will be able to visit restaurants without begging. Feeding treats to a Guide Dog weakens
this training.
• Although Guide Dogs cannot read traffic signals, they are responsible for helping their handlers safely cross a street. Calling out to a Guide Dog or
intentionally obstructing its path can be dangerous for the team as it could break the dog’s concentration on its work.
• Listening for traffic flow has become harder for Guide Dog handlers due to quieter car engines and the increasing number of cars on the road. Please don’t
honk your horn or call out from your car to signal when it is safe to cross. This can be distracting and confusing. Be especially careful of pedestrians
in crosswalks when making right-hand turns at red lights.
• It’s not all work and no play for a Guide Dog. When they are not in harness, they are treated in much the same way as pets. However, for their safety
they are only allowed to play with specific toys. Please don’t offer them toys without first asking their handler’s permission.
• In some situations, working with a Guide Dog may not be appropriate. Instead, the handler may prefer to take your arm just above the elbow and allow their
dog to heel. Others will prefer to have their dog follow you. In this case, be sure to talk to the handler and not the dog when giving directions for turns.
• A Guide Dog can make mistakes and must be corrected in order to maintain its training. This correction usually involves a verbal admonishment coupled
with a leash correction, followed by praise when the dog regains focus and correctly follows a command. Guide Dog handlers have been taught the appropriate
correction methods to use with their dogs.
• Access laws, including the United States’ Americans with Disabilities Act and Canada’s Blind Persons’ Rights Act, permit people who are blind to be accompanied
by their guide dogs anywhere the general public is allowed, including taxis and buses, restaurants, theaters, stores, schools, hotels, apartment and office
buildings.
• Before asking a question of a person handling a dog, allow them to complete the task at hand.
• Remain calm in your approach and mannerisms.
• Never tease a dog.

Have a question that we didn’t cover? Place it in the comment section below and we will be glad to answer!