Fire Safety For Wheelchair Users United Spinal Association, has developed a free online training program designed to save the lives of individuals with disabilities and mobility impairments during fire emergencies. Go there
Mobility Allternatives: From Canes To Wheelchairs
This free publication, written by master clinician and educator Jean Minkel, MA, PT, is a guide that assists people in making the right choice in their selection of a mobility device. View publications.
Accessible Air Travel
Knowing what to expect from the time an airline reservation is booked to the moment the flight touches down takes the surprises out of traveling. View publications.
United Spinal recently met with Marilyn Tavenner, Acting Administrator, Centers for Medicare and Medicaid Services (CMS) to discuss the importance of people with disabilities having access to the proper mobility devices and equipment that will enable them to live the lives they choose.
During the discussion, United Spinal addressed its concern over a CMS “power mobility demonstration project” requiring prepayment review and prior authorization for approval of power mobility devices for Medicare beneficiaries living in seven states. Unfortunately, the project was created without input from the disability community or those that advocate on their behalf.
We believe this project––initially scheduled to take effect this January––will contribute to confusion and chaos in the name of reducing expense. CMS should not restrict access to medical care or rescind care that has already been provided.
In early December, United Spinal urged CMS to work with Congress and power mobility stakeholders to identify alternative approaches that will fulfill CMS’ interests in reducing overpayment, fraud, and abuse without significant disruptions to the disability and aged communities. In late December, CMS announced that they were delaying the demonstration and that they would give stakeholders at least 30 days’ notice before the start of the demonstration and in our meeting in January we were told that we would be given a couple of months’ notice as part of the formal notice and comment period.
The discussion then shifted to the importance of creating a separate benefit for complex rehab technology. This type of technology matches people with disabilities, living with spinal cord injuries and disorders, with mobility equipment and devices that meet their unique needs.
We also raised our concerns about the CMS competitive acquisition program, especially its impact on the disability community. The program has resulted in a steep reduction in the number of medical equipment providers who are deemed eligible to serve Medicare beneficiaries. This drastically limits access to the appropriate equipment and services that individuals with disabilities require in order to live functional and independent lives.
United Spinal is in dialogue with CMS personnel in reviewing the prepayment/prior authorization model to provide our input on medical necessity documentation and physician evaluations and has also requested to represent the disability community in future discussions involving the competitive acquisition program. Our dialogue with CMS regarding all issues affecting the SCI/D community continues. For more information on the prepayment/prior authorization project and other United Spinal related activities, click here.
Ms. Tavenner was receptive to our concerns regarding Medicare’s ‘in-the-home’ restriction on wheelchairs and is going to see what she can do as there have been a lot of legislative changes in the disability policy space over the last twenty years––including the Olmstead ruling and the rise of home- and community-based services.
United Spinal meeting representatives included Paul Tobin, President and CEO of United Spinal Association, Jim Weisman, Senior Vice President and General Counsel, Joe Isaacs, Vice President, Public Policy and Alexandra Bennewith, Director, Government Relations.
United Spinal’s senior leadership and Public Policy department continue to play an active role in advocating for people with disabilities––implementing programs to ensure both federal and state governments improve the quality of life of individuals with spinal cord injuries and disorders (SCI/D) such as multiple sclerosis, amyotrophic lateral sclerosis, and spina bifida.
Alexandra Bennewith
Director of Government Relations
United Spinal Association
Want to help make taxis wheelchair-accessible to residents of, and visitors to, the “City of Brotherly Love”—Philadelphia?
Recently, the Philadelphia Parking Authority has announced that it is considering new regulations which will require 300 of the city’s taxis to be wheelchair-accessible by the end of this year. In addition, all of Philadelphia’s taxis would need to be accessible by the end of 2016.
At the current time, there are just two wheelchair-accessible taxis operating in Philadelphia. And, to nobody’s surprise, Philadelphians with disabilities expect that the city’s taxi industry will lobby hard against these proposed rules.
So, if you live, work or visit Philadelphia, or if you are a person with a mobility disability anywhere, or if you are a family member or friend of someone who uses a wheelchair, scooter or other mobility device, here is your chance to make a difference: simply send a brief comment in support of accessible cabs in Philadelphia by e-mail to Charles Milstein, Esq. of the Philadelphia Parking Authority at cmilstein@philapark.org.
There are many benefits to the availability of wheelchair-accessible taxis for mobility-impaired persons. Being a wheelchair user for 44+ years now, and having been a passenger in wheelchair-accessible taxis in American and Canadian cities in recent years, I’m just going to name a few. Accessible cabs are a spontaneous and fast way to move around the built environment, and as such, they are a critical ingredient to enabling more individuals with disabilities to enter the workforce.
While Americans with Disabilities Act paratransit service provides needed travel options for those persons with disabilities who cannot use bus and/or rail service, remember that public transportation does not go everywhere, whereas an accessible taxi service could provide mobility options in smaller communities not served by mass transit.
And then there’s convenience, like the time my spouse and I were stranded in Montreal because all flights back to New York were cancelled by a massive and lengthy thunderstorm. It was a day trip, too, so we had neither luggage nor medical supplies. But we were able to get our wheelchair-accessible taxi back to take us to a nearby hotel with an accessible room. We managed, and the next morning, the same driver and taxi returned us to the airport for an uneventful flight home.
Wheelchair-accessible taxis matter, and they can make a real difference in the lives of disabled folks everywhere, so send your e-mail to Mr. Milstein right now. Make a difference!
Please note: There will also a public hearing being held on the issue at the PPA’s Taxicab and Limousine Division Headquarters at 2415 Swanson Street on February 15 at 10 am. More info can be found here.
The real world benefits of matching people with mobility equipment that meets their unique needs.
So what exactly is complex rehab technology?
Basically, it includes mobility devices such as manual and power wheelchairs that are professionally tailored to fit a person’s medical and functional needs.
No matter what disability someone may live with, whether it’s spinal cord injury or traumatic brain injury, nobody falls under the same umbrella of needs. We are all different, and that’s a good thing.
Some folks in DC do not recognize the positive impact that complex rehab technology has on many lives. They’d rather group everyone into one category. And why not, it’s easier–except for those who must learn to live with equipment that strips them of their independence and health. A wheelchair that works for one person, doesn’t work for everyone else.
For people who don’t use wheelchairs, think of it this way. How would you feel if you were told you couldn’t get any other vehicle other than a 76 Chevy Chevette that broke down every few miles? There is no doubt, some people out there are wheeling around in equipment that very much feels like 76 Chevettes, but the effect on their lives is much worse than just driving around in a crappy old car. The point is, complex rehab technology isn’t a luxury, these devices are medically necessary.
Far from the run-of-the-mill preachy production, the video offers up perspectives from individuals who use complex rehab technology for their health and independence, physicians that prescribe it, and consumer organizations like ours that work to protect access to it.
Click the play button above to check it out.
NCART works with consumers, clinicians and physicians along with federal, state and private policy makers and agencies to establish and maintain a viable coverage and reimbursement environment. Another way of saying it: They push buttons and knock on doors to ensure people get the proper mobility equipment–without having to pay for it on their own or get a headache trying.
After watching the video, I recommend you check out NCART’s website for additional info on complex rehab technology that may be useful in your own fight to get the mobility equipment that’s right for you.
Also be sure to visit United Spinal’s UsersFirst program, which also advocates for greater access to appropriate wheelchairs, mobility scooters and seating systems for people with disabilities. They are looking for some new blood to join the movement to help change archaic policies.
There was a time in New York City when a wheelchair was an insurmountable barrier to getting around town. Buses had no lifts and subways no elevators. Cabs were only accessible to the able bodied.
All that has changed — though not without major fights, and two recent victories that promise to make taxis more open to the disabled.
On Dec. 20, Governor Andrew Cuomo signed a landmark piece of legislation that authorized the sale of 2,000 new yellow cab medallions to handicap-accessible taxis only. The bill will also sell 6,000 street hail permits for livery cabs, provided that 20 percent of those vehicles are wheelchair accessible too.
Then, on Dec. 23, Judge George B. Daniels ruled that the city’s current taxi system violates the Americans with Disabilities Act and ordered that the city draft a plan that would provide the disabled with “meaningful access” to cabs.
James Weisman, 60, has been fighting for accessibility in New York City’s public transportation system for the past three decades. (Ahvi Spindell)
Advocates have celebrated the two landmark achievements, which came within days of one another. The court case itself marks the first time that the ADA has been applied to a taxi system, said Julia Pinover, one of the attorneys representing disability rights advocates in the case.
“It means a lot for New York, and it could mean a lot for the rest of the country,” Pinover said. “Having that legal precedent set just makes reforming every other taxi system in the country much easier.”
But although the victories came in rapid succession, the fight behind the scenes has been dragging on for 15 years, said James Weisman, 60, senior vice president and general counsel of the United Spinal Association and a longtime disability rights advocate.
The city’s taxi system discriminates against the disabled, a federal judge ruled Friday.
U.S. District Judge George Daniels said the Taxi & Limousine Commission is in violation of the Americans With Disabilities Act and ordered the city to develop a comprehensive long-term plan to provide “meaningful access” to taxis to the disabled.
The decision could impact the recently agreed to plan between the state and city to allow livery cabs to pick up street hails in the outer boroughs and upper Manhattan.
Daniels ordered that until the court signs off on the city’s plan to make the entire taxi system handicapped friendly, any new yellow cab medallions or licenses sold for livery street hails must be for handicapped accessible vehicles.
Under the deal with the state, the city had agreed that 20% of the first 6,000 street hail livery licenses sold next year as well as all 2,000 new yellow cab medallions would be for handicapped accessible vehicles.
Disability advocates hope to use their recent political and legal victories over the Bloomberg administration to transform the costly transportation services already provided to disabled New Yorkers.
In the crosshairs are the Metropolitan Transportation Authority’s Access-a-Ride program and private transportation services paid for by state Medicaid.
Last week, Gov. Andrew Cuomo signed legislation allowing livery cars to pick up street hails, on the condition that that the Bloomberg administration figure out how to put more wheelchair-accessible taxis on the road. Then, late Friday, a federal judge said the city’s current policy violated aspects of the Americans with Disabilities Act. He, too, required the city to submit a plan to address the violations. Advocates now believe the existing transportation services for disabled riders should be overhauled as the city rethinks the taxi fleet’s accessibility.
“The plan has the potential to do what hasn’t been before—coordinate all the transportation needs and core services provided to the disabled,” said James Weisman, a lawyer for the United Spinal Association.
Mr. Weisman believes policymakers must address Access-a-Ride. The MTA is required to provide the service for riders who are unable to use the subway system. Between 2006 and 2010, the cost of that service skyrocketed nearly 148% to $472 million.
Likewise, non-emergency medical transportation provided under the state Medicaid program cost $370 million in 2009—two-thirds of which stemmed from use by NYC residents.
A federal judge ruled that New York City’s Taxi and Limousine Commission (TLC) is in violation of the Americans with Disabilities Act for failing to provide meaningful access to taxicabs for wheelchair users.
In a written ruling, U.S. District Judge George Daniels explained that until the TLC produces a comprehensive plan to provide meaningful access, it can only issue new medallions to wheelchair-accessible taxis.
“Meaningful access for the disabled to public transportation services is not a utopian goal or political promise, it is a basic civil right,” Daniels writes.
The decision comes in response to a lawsuit filed by United Spinal and other disability rights groups in January 2011 against the TLC for failing to provide fair service to wheelchair users. Currently, approximately 230 of the City’s 13,000 yellow cabs are accessible. But that’s about to change, in a big way.
Paul J. Tobin, United Spinal’s president and CEO hailed the ruling as a landmark victory for the disability community––one that could have a major impact on accessible public transportation in cities nationwide.
“After exerting effort for more than a decade on this issue, we are very appreciative of the progress that has been made to make New York’s taxi fleet usable to Americans with mobility impairment,” says Tobin.
“As wheelchair users, it is often assumed that we want to stay home, or that we’re satisfied with the status quo. Nothing could be farther from the truth. We are just like any other American. We want to live, work, play and worship in our communities. These things, which are so often taken for granted, are impossible without on-demand, low-cost transportation, like taxis. We’re proud to be on the leading edge of this issue and look forward to the opportunities that come with it for people with disabilities,” adds Tobin.
“Taxi access will permit spontaneous travel for wheelchair and scooter users making them more mobile and employable. They can come in early, work late and socialize without being cramped by advance- reservation -required paratransit (Access a Ride) rules. Government will save money as people with disabilities choose taxis instead of $60 per ride paratransit. And Medicaid, Vocational Rehabilitation, and the Department of Veterans affairs can transport patients and clients by taxi instead of ambulettes which can cost hundreds per ride,” says James Weisman, United Spinal’s senior vice president and general counsel who has fought tirelessly for more accessible taxis in the City.
For years, United Spinal has challenged New York City Mayor Michael Bloomberg, New York government, and the TLC for disregarding the needs of all New Yorkers, as well as bringing public attention to their poor choice for New York City’s future standard taxi––Nissan’s NV-200––which lacks wheelchair accessibility.
United Spinal has also advocated for improved accessibility of New York City’s entire public transportation system. It initiated a major advocacy campaign to make every bus and many of the subway stations in the City accessible and was instrumental in getting the City to create sidewalk curb ramps.
“Taxis were a missing link, and we’ve got them now. It feels terrific,” adds Weisman.
Governor Cuomo and lawmakers reached a last-minute deal on December 20 to approve a bill that allows livery cabs to pick up street hails in the outer boroughs and in upper Manhattan.
James Weisman, United Spinal General Counsel
Mylan Denerstein, Counsel to the Governor
Governor Andrew Cuomo
Cuomo had threatened to veto the street-hail bill unless the Legislature addressed the low number of accessible vehicles in the City’s taxi fleet. That number is currently an abysmal 231 out of 13,000 cabs–not so great for the greatest city in the world.
The bill calls for 6,000 new street-hail licenses to be issued to livery cabs. More significantly, the first 20 percent of these new licenses will be made available in the first year to drivers with wheelchair-accessible vehicles. The cabs are expected to be approved for street hails in a matter of months.
“This is a big win for New York City’s disability community–a win that has been 40 years in the making. There will now be 3,200 more accessible vehicles on the road. And, the City gets to raise $1 billion in medallion revenue. United Spinal will continue to fight until every one of the City’s yellow cabs are accessible to all. Big Apple, take pride in leading the way for equality,” said Paul J. Tobin, United Spinal’s president and CEO.
“Tens of thousands of seniors and veterans and other New Yorkers with disabilities applaud the Senate and the Assembly and the governor for their extraordinary accomplishment,” added Jim Weisman, general counsel of the United Spinal Association who has advocated for many years to improve the accessibility of the City’s public transportation system.
United Spinal and other disability rights groups have been a thorn in the side of New York City Mayor Michael Bloomberg, calling for a dramatic increase in the number of the City’s accessible taxis.
United Spinal was joined by the 504 Democratic Club, Taxis for All Campaign, and Disabled In Action, in filing a lawsuit in January 2011 against the New York City Taxi and Limousine Commission for failing to provide fair service to wheelchair users. The Department of Justice sided with United Spinal in the lawsuit, agreeing that the City must have “equivalent service” for people with disabilities—meaning all new cabs in the fleet are wheelchair accessible.
Other proponents of United Spinal’s fight for a fully accessible yellow taxi fleet include Iowa Senator Tom Harkin who chairs the Senate committee on Health, Education, Labor and Pensions.
Thousands of wheelchair users from the City and around the country have joined the ranks, demanding that New York change its discriminatory practices and protect their rights to accessible transportation–a fight that has been fueled by Bloomberg’s inaccessible choice for the City’s “Taxi of Tomorrow”.
In 2009, Bloomberg requested proposals from auto manufacturers and designers to submit “their best ideas for a purpose-built vehicle to serve New York City in the future. Accessibility wasn’t one of the prerequisites for submission. The City ultimately chose Nissan’s NV-200––a vehicle that offers no access to wheelchair-users.
Crain’s New York reports that this new taxi/livery bill could force the city to change direction. The Taxi and Limousine Commission must submit a “disabled accessibility plan” before it can sell all of its taxi medallions. Cuomo appears to be demanding that the City outline a path toward fleetwide accessibility.
Read more on the specific details of the new street hail bill.
New York City Governor Andrew Cuomo and lawmakers reached a last-minute deal Tuesday, December 20 to approve a bill that permits livery cabs to pick up street hails and also promises a major revenue boost for the city.
Below are specific provisions of the bill:
-The City may issue 2,000 new taxi medallions which will permit the addition of 2000 yellow cabs to the NYC fleet.
-All must be accessible cabs.
-The City can only sell 400 of these medallions until they have submitted a plan to make taxis and liveries accessible to NY State Department of Transportation which has 60 days to review the plan.
-Assuming the State approves the plan, which must be developed in consultation with interested stakeholders and the NY City Council, the remaining medallions may go on sale.
-The plan will be developed during the first year after passage of this bill to address yellow cabs as they are replaced (the Governor told the NYC TLC Commissioner that he would reject any plan that did not require 100 percent access to yellow cabs).
-The livery industry (i.e., the cabs that serve northern Manhattan and the other four boroughs of NYC), which is currently prohibited from picking up street hails (unlike yellow cabs) and operate approximately 30,000 vehicles will be sold 18,000 street hail permits. 6000 may be sold the first year of which 1200 must be accessible. The accessible liveries can be used for street hail and dispatch purposes.
-The TLC, which is expected to raise $1 billion from the medallion sales for yellow cabs, will subsidize accessible liveries with a grant of $15000 per vehicle for accessible livery vehicles. Up to $54 million in grants will be provided by the TLC for this purpose.
-The livery street hail permit is transferable and therefore, will appreciate in value much like the taxi medallion has. Yellow cab medallions were recently sold at auction for $1 million apiece. There are only 13,000 and some were purchased for $10 in the 1930s. The livery permits will sell for approximately $1,500.
