National Federation of the Blind and Disability Advocates Charge Federal Health
Agency with Civil Rights Violations | National Federation of the Blind
National Federation of the Blind and Disability Advocates Charge Federal Health
Agency with Civil Rights Violations | National Federation of the Blind
FOR IMMEDIATE RELEASE
Release Date:
Wednesday, February 10, 2016
National
Chris Danielsen
Director of Public Relations
National Federation of the Blind
(410) 659-9314, extension 2330
(410) 262-1281 (Cell)
cdanielsen@xxxxxxx
Silvia Yee
Disability Rights Education & Defense Fund
Senior Staff Attorney
(510) 644-2555
National Federation of the Blind and Disability Advocates Charge Federal Health
Agency with Civil Rights Violations
After forty years of the federal Rehabilitation Act and a new world of
technology, blind people still forced to rely on others to read inaccessible
materials
Springfield, Massachusetts (February 10, 2016): The National Federation of the
Blind (NFB) and individual plaintiffs Juan Figueroa, Derek Manners, and Martti
Mallinen announced the filing of a major federal lawsuit today in US District
Court, District of Massachusetts, Western Division. The lawsuit charges the
US Department of Health and Human Services (HHS) through its sub-agency, the
Centers for Medicare and Medicaid Services (CMS), and its CMS sub-contractors,
with systemically violating the civil rights of blind Medicare recipients.
The action seeks to require HHS to provide blind individuals meaningful and
equally effective access to their Medicare information, as required by Section
504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (Section 504). CMS, a
sub-agency of HHS, is the largest single payer for health care in the United
States, providing health care coverage to nearly ninety million Americans
through Medicare, Medicaid, and the State Children’s Health Insurance Program.
CMS regularly communicates information to blind persons via inaccessible print
and electronic formats which they cannot read. Mr. Figueroa, Mr. Manners,
Mr. Mallinen, and many other NFB members have thus faced or been at risk for
loss of benefits and healthcare disruption. For example, Mr. Mallinen has
received information about denial of benefits and his right to appeal said
denial that he could not read, potentially adversely affecting his appeal
rights.
Mark A. Riccobono, President of the National Federation of the Blind, said: "We
are outraged that blind people do not have access to their personal Medicare
and Medicaid information forty years after the passage of the Rehabilitation
act and almost a year after CMS promised to implement a plan for equal access.
Today blind people readily access information in more ways than ever before but
even large print access, the simplest possible solution for those with
sufficient residual vision, is not made available. This continued disregard for
the privacy and civil rights of the blind is inexcusable, and blind Americans
will not tolerate it."
At a time when smart technology is presumed to be improving the lives of people
with a variety of disabilities, blind Americans who rely on healthcare services
provided through Medicare and Medicare contractors are forced to divulge
personal and financial data to a sighted third-party when responding to CMS.
Electronic and online materials may not be any more accessible than printed
ones. As a result, blind Medicare beneficiaries are often unnecessarily
prevented
from independently reading, filling out, signing and submitting online forms.
Appropriate auxiliary aids and services for blind individuals may include
providing documents in alternative formats such as Braille, large print, audio
CD, and digital navigable formats supported by computers and digital
talking-book players, transmitted through data CD, e-mail, or other requested
media.
The filing follows an investigation launched by Disability Rights Education &
Defense Fund (DREDF) to establish that there were widespread incidences of
communication access barriers in CMS systems. In August 2014, in response to
complaints filed with the HHS Office for Civil Rights (OCR) in 2011 and 2012
under Section 504, CMS entered into an agreement with OCR. The complaints were
filed on behalf of blind Medicare beneficiaries, and those similarly situated,
who were not provided with notice of their rights or with effective
communication under Section 504. The agreement signed by CMS and OCR, entitled
the
“Commitment to Action to Resolve DREDF Section 504 Complaints” (Commitment to
Action), established a timeframe within which CMS would take specified actions
to ensure the agency’s compliance with Section 504 in the areas raised in OCR’s
investigation of the complaints, found at
http://www.hhs.gov/ocr/civilrights/activities/agreements/cms.html.
DREDF Senior Attorney, Silvia Yee, said, “CMS was required to complete a
‘Long-Term Action Plan’ by April 2015 that would ensure effective
cross-disability
communication access, as well as the timely provision of auxiliary aids and
services to CMS beneficiaries and consumers. To date, we have not seen a Plan.
People with disabilities have not been notified of any such plan. As a public
entity that deals every day with people with disabilities and older Americans,
CMS should lead the way to ensure compliance with disability civil rights laws,
not lag behind by four decades."
Plaintiffs are represented by DREDF; Brown, Goldstein & Levy; and Sugarman,
Rogers, Barshak & Cohen (SRBC).
###
The National Federation of the Blind
The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise the
expectations
of blind people, because low expectations create obstacles between blind people
and our dreams. You can live the life you want; blindness is not what holds
you back. https://nfb.org
Disability Rights Education & Defense Fund
Founded in 1979 by people with disabilities and parents of children with
disabilities, the Disability Rights Education & Defense Fund (DREDF) is a
national
law and policy center based in Berkeley, CA and is dedicated to protecting and
advancing the civil rights of people with disabilities. www.dredf.org.Skip to
main content
National Federation of the Blind logo
Contact Us
Fast Facts
Topic Index
Search form
Search
Search
List of 6 items
About the NFB
• Info About Vision Loss For...
• Members
• Resources
• Products and Technology
Publications
list end
Donate Now!
Vehicle Donations
Request a free white cane
Join the NFB
You are here
Home
FOR IMMEDIATE RELEASE
Release Date:
Wednesday, February 10, 2016
Category:
National
Chris Danielsen
Director of Public Relations
National Federation of the Blind
(410) 659-9314, extension 2330
(410) 262-1281 (Cell)
cdanielsen@xxxxxxx
Silvia Yee
Disability Rights Education & Defense Fund
Senior Staff Attorney
(510) 644-2555
National Federation of the Blind and Disability Advocates Charge Federal Health
Agency with Civil Rights Violations
After forty years of the federal Rehabilitation Act and a new world of
technology, blind people still forced to rely on others to read inaccessible
materials
Springfield, Massachusetts (February 10, 2016): The National Federation of the
Blind (NFB) and individual plaintiffs Juan Figueroa, Derek Manners, and Martti
Mallinen announced the filing of a major federal lawsuit today in US District
Court, District of Massachusetts, Western Division. The lawsuit charges the
US Department of Health and Human Services (HHS) through its sub-agency, the
Centers for Medicare and Medicaid Services (CMS), and its CMS sub-contractors,
with systemically violating the civil rights of blind Medicare recipients.
The action seeks to require HHS to provide blind individuals meaningful and
equally effective access to their Medicare information, as required by Section
504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (Section 504). CMS, a
sub-agency of HHS, is the largest single payer for health care in the United
States, providing health care coverage to nearly ninety million Americans
through Medicare, Medicaid, and the State Children’s Health Insurance Program.
CMS regularly communicates information to blind persons via inaccessible print
and electronic formats which they cannot read. Mr. Figueroa, Mr. Manners,
Mr. Mallinen, and many other NFB members have thus faced or been at risk for
loss of benefits and healthcare disruption. For example, Mr. Mallinen has
received information about denial of benefits and his right to appeal said
denial that he could not read, potentially adversely affecting his appeal
rights.
Mark A. Riccobono, President of the National Federation of the Blind, said: "We
are outraged that blind people do not have access to their personal Medicare
and Medicaid information forty years after the passage of the Rehabilitation
act and almost a year after CMS promised to implement a plan for equal access.
Today blind people readily access information in more ways than ever before but
even large print access, the simplest possible solution for those with
sufficient residual vision, is not made available. This continued disregard for
the privacy and civil rights of the blind is inexcusable, and blind Americans
will not tolerate it."
At a time when smart technology is presumed to be improving the lives of people
with a variety of disabilities, blind Americans who rely on healthcare services
provided through Medicare and Medicare contractors are forced to divulge
personal and financial data to a sighted third-party when responding to CMS.
Electronic and online materials may not be any more accessible than printed
ones. As a result, blind Medicare beneficiaries are often unnecessarily
prevented
from independently reading, filling out, signing and submitting online forms.
Appropriate auxiliary aids and services for blind individuals may include
providing documents in alternative formats such as Braille, large print, audio
CD, and digital navigable formats supported by computers and digital
talking-book players, transmitted through data CD, e-mail, or other requested
media.
The filing follows an investigation launched by Disability Rights Education &
Defense Fund (DREDF) to establish that there were widespread incidences of
communication access barriers in CMS systems. In August 2014, in response to
complaints filed with the HHS Office for Civil Rights (OCR) in 2011 and 2012
under Section 504, CMS entered into an agreement with OCR. The complaints were
filed on behalf of blind Medicare beneficiaries, and those similarly situated,
who were not provided with notice of their rights or with effective
communication under Section 504. The agreement signed by CMS and OCR, entitled
the
“Commitment to Action to Resolve DREDF Section 504 Complaints” (Commitment to
Action), established a timeframe within which CMS would take specified actions
to ensure the agency’s compliance with Section 504 in the areas raised in OCR’s
investigation of the complaints, found at
http://www.hhs.gov/ocr/civilrights/activities/agreements/cms.html.
DREDF Senior Attorney, Silvia Yee, said, “CMS was required to complete a
‘Long-Term Action Plan’ by April 2015 that would ensure effective
cross-disability
communication access, as well as the timely provision of auxiliary aids and
services to CMS beneficiaries and consumers. To date, we have not seen a Plan.
People with disabilities have not been notified of any such plan. As a public
entity that deals every day with people with disabilities and older Americans,
CMS should lead the way to ensure compliance with disability civil rights laws,
not lag behind by four decades."
Plaintiffs are represented by DREDF; Brown, Goldstein & Levy; and Sugarman,
Rogers, Barshak & Cohen (SRBC).
###
The National Federation of the Blind
The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise the
expectations
of blind people, because low expectations create obstacles between blind people
and our dreams. You can live the life you want; blindness is not what holds
you back. https://nfb.org
Disability Rights Education & Defense Fund
Founded in 1979 by people with disabilities and parents of children with
disabilities, the Disability Rights Education & Defense Fund (DREDF) is a
national
law and policy center based in Berkeley, CA and is dedicated to protecting and
advancing the civil rights of people with disabilities. www.dredf.org.
Media Share
Facebook
Twitter
©2016 All Rights Reserved - Copyright 2016 NFB
Privacy Policy
Source:
https://nfb.org/national-federation-blind-and-disability-advocates-charge-federal-health-agency-civil-rights
