Disaboom Disabled Politico Blog

Supreme Court Rules in Favor of Funding Special Education

Disabled Politico — Tue, 23 Jun 2009 21:51:00 GMT

The Supreme Court of the United States ruled Monday that parents who send their children to private schools because of their special needs cannot be barred from receiving taxpayer-funded reimbursements solely for choosing a private school.

The case began in Forest Grove, Oregon, when the administrators of Forest Grove High School allegedly ignored reports indicating that a student identified as T.A. might have Attention Deficit Hyperactivity Disorder. T.A. was floundering in school because of his undiagnosed disorder, and after he ran away from home multiple times, his mother took him out of public school and placed him in a private, residential school.

There, he was diagnosed and received treatment, and T.A.'s family sued the school district for denying him treatment under the Individuals with Disabilities Education Act. The Act entitles children to "free, appropriate public education," and the Supreme Court this week ruled that when public schools cannot or will not provide this for its students with special needs, school districts are obligated to pay for private tuition, even when the district disagrees with the parents' assessment of the student's needs.

Opponents of the ruling, which was passed 6 votes to 3 in the Supreme Court, say that it will drain resources from already-underfunded schools and induce parents to choose private schools specifically because of the ruling. In New York City alone, there were 4,638 cases last year where public schools had to reimburse parents for private school tuition, costing the city's taxpayers nearly $89 million. They argue that IDEA only requires private tuition reimbursement when the public schools recommend that a student would be better off in private schooling. Antonin Scalia, David Souter, and Clarence Thomas were the dissenters in the case.

Proponents of the ruling say that it has only allowed T.A.'s family to argue for the right to reimbursement. David Salmons, the attorney who represented T.A. and his family, states that despite the ruling, "parents have the burden of showing that there was a failure to provide a free appropriate public education, and they have the burden to show that their private placement was appropriate."

What do you think? Does the benefit of expanding special education outweigh the cost of providing it? Has the Supreme Court overreached the bounds of IDEA, or has it simply clarified what the act has always meant?

(Photo credit: dbking)

Illinois Residents May Now Report Disabled Parking Fraud Online

Disabled Politico — Mon, 22 Jun 2009 22:24:00 GMT

Illinois residents are now able to report disabled parking violations through a form on the Illinois Secretary of State's website, the Daily Chronicle announced Sunday. Residents who witness what they believe to be a violation of laws reserving certain spaces for individuals with disabilities are asked to obtain the vehicle's license plate number, the number of the disabled placard in the vehicle if applicable, the location of the alleged abuse, and a description of the reported violation.

Violations of disabled parking laws could include parking in a space reserved for people with disabilities without displaying a disabled plate or placard, or using a family member's disabled plate or placard to get a disabled parking space without the disabled family member in the car.

The Parking Program for Persons with Disabilities Abuse Complaint form cautions citizens against approaching someone suspected of a parking violation. Concerned individuals are encouraged to simply collect information about the vehicle and possible violation, then report it to the Illinois Secretary of State, rather than engage in any confrontation. The website also notes that not all disabilities are visible, and warns that reports must be based on facts, not speculation.

What do you think? Will the online submission form be a tool used to prevent abuse of disabled parking spaces, or will it be abused due to its anonymity and the threat of an investigation by the Secretary of State of the individual and incident reported?

Photo Courtesy Erk Pod

Clerk Sues Abercrombie & Fitch, Alleging She Was Banished to Stock Room Because Her Prosthetic Arm Didn't Fit Retailer's "Look Policy"

Disabled Politico — Wed, 17 Jun 2009 21:49:00 GMT

Riam Dean, 22, has sued retailer Abercrombie & Fitch for over $40,000 in damages. The former clerk says A & F discriminated against her because she wears a prosthetic arm due to congenital limb deficiency. Dean, a law student, says she was told that she'd violated the company's "Look Policy" and was forced to work in a back stockroom where customers could not see her. Riam was originally hired to work on the sales floor in the trendy retailer's flagship London store.

Ms. Dean says she was told during employee training to buy a plain white cardigan to wear along with her uniform of jeans and a white polo shirt, in order to cover up the join between her prosthetic arm and the partial upper arm with which she was born. The company handbook states that employees may substitute their own clothes for a uniform as long as the clothing is "Abercrombie style." The look policy also requires "clean and natural" hair as well as fingernails worn one quarter-inch past the end of the finger.

Dean, as instructed, wore a white cardigan while working on the sales floor. She says that a member of the store's "visual team" then demanded she remove the cardigan. Ms. Dean explained that she'd been given special permission to wear it due to her prosthesis.

Then, recalls Riam, "A few minutes later, my manager came over to me and said: 'I can't have you on the shop floor as you are breaking the Look Policy. Go to the stockroom immediately and I'll get someone to replace you.' I pride myself on being quite a confident girl but I had never experienced prejudice like that before, and it made me feel utterly worthless. Afterwards, I telephoned the company's head office where a member of staff asked whether I was willing to work in the stockroom until the winter uniform arrived.That was the final straw. I just couldn't go back."

This isn't the first time Abercrombie and Fitch has been sued in regard to its Look Policy. In 2004, the retailer settled a lawsuit and paid over $40 million to plaintiffs who claimed A & F discriminated against Hispanic, black, and Asian employees. At that time, the company agreed to recruit more diverse employees and add racial diversity to its catalogs and marketing materials. Abercrombie and Fitch has also been criticized for sending recruiters to college campuses to hire attractive members of predominantly white sororities and fraternities.

What do you think? Is Abercrombie and Fitch going overboard with company policies that force a young woman with a prosthetic arm to be hidden away from customers? Or is the company merely exercising its right to present its brand in the manner that it sees fit: Clothing worn by young, attractive, able-bodied, and mostly Caucasian men and women?

Update on Alex Barton: Family Wasn't Notified of Meeting to Reinstate Teacher Who Led Students in Voting Him Out of Class

Disabled Politico — Tue, 16 Jun 2009 18:58:00 GMT

Melissa Barton, mother of Alex Barton, was not notified of a School Board hearing to reinstate Wendy Portillo as a tenured teacher, the Disabled Politico team has learned. Portillo led Kindergarten students in "voting" to exclude Alex from his classroom last May. Alex has Asperger Syndrome, an Autism spectrum disorder.

Ms. Barton tells the Disabled Politico team, "I was never told there would be a hearing regarding Wendy Portillo. I honestly thought once a judge and the superintendent decided that she was wrong, it would be over. My fight is far from over. I thought it was so low that the school board didnt even notify me that I could state Alex's case."

Barton says she would have attended the hearing had she known about it. Instead, the School Board held the hearing without input from the Barton family and decided to reinstate Portillo as a teacher and restore her tenure. 13 supporters of Wendy Portillo [pictured at right] were permitted to speak in her favor at the hearing, including her sons as well as family members of former students.

Melissa Barton only learned about the hearing and its outcome when reporters contacted her for comment after the meeting was over.

Alex Barton still struggles with anger and fear after the events he experienced in May of 2008. The reality TV-like exercise also involved allowing neurotypical students to list things they did not like about Alex, while he was made to stand in the front of the classroom and listen to other children calling him "disgusting" and "annoying," among other insults. While Alex has continued his education with the help of an in-home tutor, he has not been permitted to return to school despite an IEP stating that he would return.

"How far is too far?" asks Ms. Barton, who has filed state and federal lawsuits in connection with the mistreatment of her son. "Will it be enough when the wheelchair bound child is deemed a "distraction" for the teacher? Maybe next they will choose to take the deaf child and abuse him too. What will it be? When will we stand up and say enough, is enough? If Alex were different in any other way-- any at all-- and he were expelled for that, what would the reaction be?"

Of Wendy Portillo in particular, Melissa Barton says simply, "[Alex] paid the price for her ignorance with his innocence."

Teacher Who Let Students "Vote Out" 5-Year-Old Boy with Asperger's Syndrome Gets Her Job Back

Disabled Politico — Thu, 11 Jun 2009 23:20:00 GMT

Wendy Portillo, the Kindergarten teacher infamous for permitting neurotypical students to vote a boy with a form of Autism out of her class, will keep both her contract with the St. Lucie County school district and her tenured status after a unanimous vote by the School Board. Portillo is "overjoyed" by the ruling and hopes to return to teaching.

[Update: Alex's family wasn't notified of the hearing to reinstate Portillo.]

In May of 2008, Ms. Portillo led her students in a reality TV-like exercise in which Alex Barton, then 5 years old, was made to stand in front of the class while classmates listed reasons they didn't like him. Classmates called Alex "disgusting" and "annoying," among other things. Then, the class took a vote and by a margin of 14 to 2 chose to exclude Alex from class. He was made to leave the Kindergarten classroom and spent the rest of the day in the school nurse's office.

Alex Barton reportedly has not returned to school since the incident. Shortly after Alex was voted out of class, his mother said he was so traumatized that he was unable to even ride past his former elementary school in a car without screaming and begging not to be forced to return to school.

Thirteen individuals testified before the School Board in favor of permitting Wendy Portillo to return to teaching. These supporters included Portillo's sons, former colleagues at Morningside Elementary School, and parents whose children had been students of Portillo during her 12 year teaching career. No one appeared at the hearing to give the Barton family's side of the story.

Portillo must still serve out the remainder of a one-year unpaid suspension ordered as a result of the case.

What do you think? Was the School Board right to allow Portillo to return to teaching?

Special Education Student Handcuffed to Door for Nearly 4 Hours As Trend of Inappropriate Restraint Continues

Disabled Politico — Tue, 09 Jun 2009 19:33:00 GMT

School district officials in Detroit are investigating claims that a principal ordered a special education student handcuffed to a door following a fight. The 11-year-old student, Antonio Hunt, allegedly remained handcuffed to the door from 11:45 AM until 3:30 PM, at which time he was finally permitted to go home.

Detroit School Board member Marie Thornton says staff at Sampson-Webber Elementary told her the elementary school's principal ordered a Detroit Public Schools police officer to handcuff the boy to a door in the principal's office. The boy's mother, Charmaine Hunt, also reported that her son was handcuffed for four hours without a break.

“It’s called child abuse, and the board has an obligation to investigate and to report it to the appropriate authorities because it is a state law,” said Thornton.

Officials have confirmed that the Sampson-Webber principal's contract was not renewed for the coming school year. That decision was made prior to the handcuffing incident.

This incident is the latest in a series of alarming news stories regarding restraint of students with disabilities in schools. In Tucson, AZ, teachers came forward to report that a special education student was repeatedly tied to a fence by his backpack after being dropped off at school, and was left tied to the fence and unattended until an "escort" arrived to take him into the school building. In a separate incident, a Georgia schoolteacher and her classroom aide were recently charged with first-degree cruelty to children and with false imprisonment after they allegedly duct-taped a student with Autism to his chair and forced a blind girl to stay under a teacher's desk.

The United States House Education and Labor Committee held a hearing on the abuse of restraint and seclusion in schools on May 19, 2009, during which Gregory D. Kutz of the Government Accountability office testified that, "Many of the 18 children from our studies, including four preschoolers, were clearly abused and tortured."

What can be done about the disturbing prevalence of inappropriate restraint in schools? Criminal charges resulting from these cases seem to be the exception, rather than the rule. In the aforementioned Arizona case of a student allegedly tied to a fence by his backpack, the staff members responsible received only "letters of direction," and were not disciplined or charged with a crime. Do you think that the House hearing on restraint and seclusion will produce productive legislation regarding this pervasive problem? How can the disability community keep the pressure on and force a change in the way schools restrain students with special needs? Is it ever okay to restrain or seclude a student? Leave your thoughts and ideas as comments below!

Photo by Alaleia

St. Louis Abolishes Free Parking for Most People With Disabilities -- On Disability Advocate's Order

Disabled Politico — Mon, 08 Jun 2009 16:33:00 GMT

In St. Louis, Missouri, all drivers who use disabled parking placards get to park for free in metered parking spaces. On August 1st, this rule will change so that only people who are incapable of putting a coin in the meter can park without paying.

David J. Neuberger, new head of St. Louis' Office on the Disabled, is behind the change. He calls it a stride toward equality for people with disabilities. "People with disabilities have a right to a level playing field, but people with disabilities do not have a right to special favors," he says. Newburger -- himself a polio survivor who uses a wheelchair -- believes the current rules have spread beyond the intent of the law and allows people to game the system.

Many other people with disabilities disagree. In a city that allows people to park all day as long as they return to feed their parking meters every two hours, a person who works eight hours a day and parks in a metered spot will pay about $1500 on parking each year. Not having to feed the meter every two hours can mean the difference between maintaining employment and being too exhausted to work, argue many disability advocates, including Newburger's predecessor.

In addition to needing to obtain parking permits or license plates, city employees with disabilities will now need to prove their need for accessible reserved parking to Newburger. If a person has a "visually obvious" disability, he or she will be able to get a special space for the same fee other city employees pay ($60-$80, depending on the parking lot). If the person's disability is not visually obvious, he or she will have to be evaluated by a Washington University occupational therapist at the city's expense before buying a parking space.

Disaboomers: what do you think? Should city parking for people with disabilities be free or discounted? Should the rule apply equally to all people with disabilities, or only those who have trouble putting coins in a parking meter?

Photo credit: quarsan

Man Arrested for Allegedly Throwing a Metal Bolt at Special Olympics Torch Runners

Disabled Politico — Fri, 05 Jun 2009 23:22:00 GMT

A Newhall, CA man has been arrested for allegedly throwing a metal bolt at participants in the Special Olympic Torch Run. David Schwartz, 41, is accused of yelling for the Torch Run participants to "get out of the road," as they neared an interesection in Valencia. Authorities say Schwartz also used "a derogatory term that generally refers to sexual orientation. According to the Los Angeles Sheriff's Department, Schwartz then threw a metal bolt at the runners, narrowly missing two children.

Multiple Sheriff's deputies witnessed Schwartz's alleged assault on the runners. Shortly thereafter, Schwartz was taken into custody and booked on suspicion of assault with a deadly weapon and committing a hate crime. He is being held in lieu of $50,000 bail, and was scheduled to appear in court today.

No one was injured in the alleged assault. Except, perhaps, David Schwartz, whose pride may be injured by the highly public charges against him-- he's already been dubbed the "worst person in the world" by a popular sports blog.

Photo by HeraldPost.

A Third of Children Diagnosed as Autistic in the US Take Celexa-- New Study Finds It's Less Effective Than a Placebo

Disabled Politico — Thu, 04 Jun 2009 19:14:00 GMT

Approximately one third of Autistic children in the United States take the anti-depressant citalopram, sold in the USA as Celexa. A new study shows that not only does Celexa fail to help Autistic children effectively control repetitive behaviors (stimming), the powerful and mind-altering drug actually performed worse than a placebo.

The nationwide trial was headed by Dr. Bryan King, director of psychiatry and behavioral medicine at Seattle Children's Hospital. 149 Autistic children between the ages of five and seventeen were evaluated.73 took citalopram, while 76 took a placebo. After twelve weeks, 33% of patients who took citalopram showed improvement in repetitive behaviors, while 34% of the patients taking a placebo showed the same improvement.

If there hadn't been a control group for comparison, King said he would have been impressed by the improvement seen in the children who took the drug. "The decision would most definitely have been made to continue [prescribing citalopram for] them," he said.

Not only did Celexa fail to help patients, but the side effects observed were at least twice as bad as those seen in patients taking a placebo. Celexa's side effects included impulsivity and insomnia. Citalopram can also cause nausea, vomiting, muscle/joint pain, fatigue, sexual side effects, seizures, drowsiness, dizziness, and a laundry list of other mild to serious side effects.

Teacher and Classroom Aide Allegedly Taped Autistic Boy to Chair Repeatedly

Photo by Size8Jeans

Special Needs Student Was Regularly Tied to Fence by Bus Monitors at Arizona High School

Disabled Politico — Fri, 29 May 2009 21:29:00 GMT

Five Tuscon Unified School District employees have been put on notice after a photograph of a special needs student restrained to a fence by his backpack surfaced, sparking an investigation. The investigation revealed that the student was routinely tied to the fence to keep him from "falling over or wandering away" while waiting for an escort after being dropped off at school.

"I would never intentionally do anything to a student that would give him discomfort or embarrass [the student] in any way," bus monitor Thomas Giacoma wrote in a letter to district officials. He also noted that he'd used the fence to restrain the student for most of a school year, without complaints from teachers, students, or his supervisors. When he did receive a complaint from a furious teacher in March, Giacoma says he stopped the restraint.

However, disability advocates disagree with Giacoma, and say that restraining a student to a fence was clearly both inappropriate and humiliating.

"The fundamental question to ask is, 'Do you want to be attached to the fence, with no means of escape?' And if the answer is no, then we don't have the right to do that to anybody else - and especially for someone who can't advocate for themselves," said Northern Arizona University professor Dan Davidson, who holds a doctorate in behavioral disabilities and trains teachers who work with students with disabilities.

The five employees involved in the inappropriate restraint received letters of direction for the incident, and Giacoma received a verbal warning. The letters of direction signify that disciplinary action may be taken if a problem continues.

What do you think? Should the employees be disciplined, or are the letters of direction enough? What should they have done instead to ensure the student's safety between when he was dropped off by the bus and when someone arrived to escort him to his classroom?

Patients With Developmental Disabilities Starved to Death In Wisconsin Hospital

Disabled Politico — Wed, 27 May 2009 17:00:00 GMT

Disability Rights Wisconsin, the group that petitioned for the use of restraints to become illegal in Wisconsin, has sued the University of Washington Hospital for withholding food, water and treatment from two patients with developmental disabilities.

The patients, whose names have not been publicly released, both had pneumonia that would probably not have been terminal on its own. In both cases, Disability Rights Wisconsin alleges that UW Hospital encouraged the patients' families to disconnect them from both treatment and nourishment, and that the hospital's policies for situations such as these are flawed.

In one case, "J.L.", a 79-year-old man, was admitted to the hospital with pneumonia. Dr. Julia Wright suggested his family withhold medication and avoid using a feeding tube, arguing that J.L.'s quality of life would be unacceptably low if he were treated.When J.L. woke up the next morning and asked to eat, his family reversed its decision, but had to fight with Dr. Wright in order to get treatment for him.

The second case involved a 13-year-old boy identified as "M.E." who also had pneumonia. In the summer of 2006, due to his "poor prognosis and poor quality of life," his parents made a deal with UW Hospital that he would receive limited treatment for future health problems. That November, M.E. contracted pneumonia and the group home he lived in sought antibiotic treatment. The hospital denied treatment, citing the parents' order, so the group home gave him treatment anyway. M.E.'s parents found out about this and had their son moved to UW Hospital and later hospice care, where he was denied food and treatment and died later in the month.

Disability Rights Wisconsin is not suing for damages, but to change hospital policy and recover the $4,700 it spent on the investigation, plus court costs. Its attorney, Mitch Hagopian, says that the problem is not with the hospital's standards of care, but that it is too quick to "pull the plug" on patients with disabilities.

UW Hospital is "a great medical institution. They provide great care to their patients. All we want is for them to provide that same great care to developmentally disabled people who are not dying," Hagopian says. The hospital's attorney disagrees, arguing that what is at stake here is the right of patients and their families to choose their own treatment.

What do you think? Is it the hospital's responsibility to supercede the parents' wishes in situations like these, or was UW Hospital acting within its rights?

Photo credit: cobalt123

Teacher and Classroom Aide Arrested for Allegedly Abusing Student with Autism and Blind Student

Disabled Politico — Thu, 21 May 2009 22:11:00 GMT

A Georgia teacher and her classroom aide have been arrested for allegedly duct-taping a boy with Autism to his chair on multiple occasions. The abuse was not reported for over a year after it occurred. The two educators are also accused of confining a blind girl under the teacher's desk. Laurie Peavy [left] and Nancy Cheek [below right] have both been charged with first-degree cruelty to children and false imprisonment. Peavy faces two counts of each, while Cheek is charged with one count of each offense.

The alleged abuse happened approximately one year ago, but wasn't reported until two other Woodstock High staff members came forward with information. According to another special education teacher, the staff members reported the past abuse after learning that the alleged victims, who had been in a different class, were transferred back to Laurie Peavy's classroom. Although teachers are legally mandated to report child abuse, the other staffers will not face charges for failing to report the abuse immediately.

Lt. Jay Baker of the Cherokee County Sheriff’s Office says, “The decision not to charge [the staffers who reported the incidents] was made based on the fact that had they not come forward, we would not have a case. Certainly, we wish they would have come forward earlier.”

Both teachers have been placed on administrative leave pending a school system investigation. According to school spokesman Mike McCowan, it's "highly likely" that the school committee will recommend both be fired.

Teacher Accused of Tying Autistic Kids to Chairs

Update: How the Colorado Veterans' Alliance Exposed its Founder, Rick Duncan/Richard Strandlof as an Imposter

Disabled Politico — Tue, 19 May 2009 22:28:00 GMT

Rick Duncan, aka Richard Glen Strandlof, was exposed as an imposter by the board members of the disbanded Colorado Veterans Alliance, which he founded. As a recent Disabled Politico post detailed, Mr. Duncan/Strandlof fabricated a career as a Marine Officer, claimed to have been disabled by injuries received in Fallujah, Iraq, and even lied about how many fingers he had, claiming he'd lost one in combat.

Information released by the Colorado Veterans' Alliance reveals that Duncan was exposed by a group of volunteers from the Colorado non-profit and veterans' community who were invited by Duncan to work toward expanding the work of the Colorado Veterans' Alliance. While preparing resources and documentation to move CVA forward as a fully functioning non-profit, the group became suspicious of inconsistencies in Duncan's claims.

Following further investigation and a meeting with Senator Mark Udall's office, the CVA determined that Duncan was a fraud: He had never been a Marine Officer, did not graduate from the Naval Academy, was never deployed in combat, and never suffered battle wounds. His real name is Richard Glen Strandlof.

According to the CVA, " We promptly reported our findings to the FBI, who immediately opened an investigation. They requested we do nothing to alarm Mr. Duncan/Strandlof so they could continue to investigate any fraud claims. We (CVA) did officially request he stop engaging in any fundraising, and focus exclusively on the homeless shelter initiative.

"Yesterday, the FBI requested that we arrange a meeting with Mr.

Duncan/Strandlof, and not alert him to the fact that the FBI wanted to question him. At the meeting, an FBI Special Agent identified himself, asked him if his name was Duncan or Strandlof, in which he answered 'Both.' The FBI escorted him away for questioning, and later arrested him on an outstanding warrant in El Paso County."

Duncan/Strandlof advocated for veterans, particularly homeless and disabled veterans, for two years under his assumed name and using his falsified identity as a Marine Captain. His notable achievements included successfully pressuring the City of Denver to halt city-wide sweeps that negatively impacted homeless veterans.

Following Duncan/Strandlof's arrest, the CVA has determined that its name and reputation are irrevocably damaged, and the organization will disband permanently.

Leader of Veterans' Advocacy Group Exposed As Impostor

Disabled Politico — Wed, 13 May 2009 21:57:00 GMT

The leader of a Colorado Springs veterans' advocacy group was arrested earlier today after it was revealed that he was not a veteran and had not been in the Pentagon during the September 11th attacks as he had claimed, but was instead a former mental patient.

Richard Glen Strandlof posed as a disabled Marine and 9/11 survivor named Rick Duncan. As Duncan, Strandlof founded the Colorado Veterans Alliance, one of Colorado's largest veterans' groups. CVA's board members became suspicious of Strandlof as "significant inconsistencies" in his story appeared, and once they discovered Strandlof's real name, they found that he had been an inpatient at a mental hospital at the time he claimed to have been injured in a roadside bombing in Iraq. In one YouTube video, he had claimed to have lost a finger in Iraq, although all ten of his fingers are intact.

As president of the Colorado Veterans Alliance, Strandlof threatened to sue the city of Colorado Springs for performing regular sweeps of homeless shelters, causing the city to end the sweeps. He also appeared in advertisements for Senator Mark Udall and was cited in local publications as an "expert" on post-traumatic stress disorder. He took a stand against the way the Department of Defense treats veterans.

The Alliance's board of directors will be holding a meeting to remove Strandlof from his position, but will continue fighting for veterans' rights. Hal Bidlack, a CVA supporter who lost a bid for state office last year, says he hopes that Strandlof's dishonesty will not make life harder for legitimate veterans who need help.

Legislators Highlight 2008 Colorado Law That Will Allow People with Disabilities to Return to Work Without Losing Health Care

Disabled Politico — Tue, 12 May 2009 20:55:00 GMT

Colorado House Bill 08-1072 was highlighted by Colorado State Senator Betty Boyd during a recent speech on the subject of Colorado Democrats' accomplishments during the 2008-2009 legislative session. HB 08-1072 allows individuals with disabilities who qualify for SSI in every aspect aside from income level to buy into Medicaid rather than lose their healthcare when returning to work.

Under HB 1072, which was signed into law during 2008, Coloradoans with disabilities who are between sixteen and sixty-five years of age and who are eligible for Supplemental Security Income aside from making too much money to qualify may now buy Medicaid coverage. Premiums will be determined on a sliding scale based on the recipient's income. People who make over $75,000 per year will be responsible for 100% of Medicaid premiums, while people making less will pay a portion of the total premium cost.

In addition, if an individual has access to private health insurance through an employer and the premium cost is less than the cost of providing Medicaid, HB 1072 enables the state to choose to pay the private insurer's premiums rather than providing Medicaid to that individual. However, if the private health plan provides fewer benefits than Medicaid, Medicaid must provide all additional benefits not covered by the employer-sponsored insurance.

What do you think? Is this bill the key to freeing Colorado's citizens with disabilities and encouraging them to return to work or go to work for the first time? Or is it an undue burden on taxpayers during a recession?

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