Bridges to Better Advocacy, April 24-26, 2002
Conference Handouts
A three-day conference for attorneys, paralegals and
advocates who specialize in Assistive Technology Advocacy
State
Education Agency Monitoring: Enforcing the Obligation Through Litigation
Jim Comstock-Galagan Esq., Executive Director, Southern
Disability Law Center , Bay St. Louis, Mississippi & Maureen O'Connell, Esq.,
SDLC, Austin, TX. The State Education Agency (SEA) has the ultimate obligation
to ensure that all school districts, within a state, comply with the federal Individuals
with Disabilities Education Act. Presenters will discuss this monitoring obligation and
how litigation has been used, in several states (including Texas), to challenge an SEA's
failure to meet the obligation.
Practical Ethics and
Fee-Shifting Statutes
Ron Hager, Esq., National AT Advocacy Project and Presenter
to be Announced. Sixteen years ago the Jeff D. decision opened the door
to attorney's fees waiver requests when a P&A or Legal Services agency represents the
plaintiff. Now, the Supreme Court's Buckhannon decision would appear to bar fees in
settled cases, unless the relief is "court-ordered." Is there a way to ethically
structure retainers, lawsuits and settlements to maximize the ability to recover fees
under fee-shifting statutes?
Suing State Entities in
the Twenty-First Century
Brian East, Esq., Advocacy, Inc., Austin, Texas
P&As traditionally look to section 1983 and other anti-discrimination laws, like
the Americans with Disabilities Act and section 504, to redress the wrongs of state
agencies. Cases like the Supreme Court's Garrett decision, however, have
interpreted the 11th amendment to severely restrict use of the federal courts
to do so. Presenter will walk through the case law and suggest approaches for having your
claims heard in federal court.
Federal Medicaid
Litigation, Westside Mothers and Other Ways to Do Medicaid Impact Work
Jane Perkins, Esq., National Health Law Project. Discussion
of the status of Westside Mothers (District Court held that Medicaid claims
cannot be enforced through section 1983) and similar pending cases. Is there a way to
create systemic change outside of federal court? Discusses state court, group and class
fair hearings, and other alternatives for doing impact work.
42 U.S.C. § 1983 and Enforcement
of the Medicaid Act
Jane Perkins, Esq., National Health Law Project.
Medicare:
Understanding the Appeals System and the Policies Which Govern at Each Stage of a Durable
Medical Equipment Case
Sally Hart, Esq., Center for Medicare Advocacy and Arizona
Center for Disability Law, Tucson, Arizona. Overview of Medicare appeals system
governing Part B durable medical equipment appeals, for traditional and managed care
Medicare. Will explain what policies apply at each decision making level (e.g., National
Coverage Decisions, Local Coverage Decisions, DMERC policies), where to find those
policies, and the legal issues concerning their enforceability.
Medical
Necessity: The Theoretical and the Practical
Lew Golinker, Esq., AT Law Center, Ithaca, N.Y. & Tim
Sindelar, Esq., Disability Law Center, Boston, Mass. Medical necessity is an
issue for Medicaid, Medicare, private insurance and other third party payment programs.
What is it? How does it differ from state to state, and from program to program?
Presenters will emphasize the issues in the Medicaid and Medicare programs.
Funding of Work-Related
Assistive Technology
Ron Hager & Jim Sheldon, National AT Advocacy Project, Buffalo, NY. A
hypothetical involving a transition-aged student with a disability, as she completes her
high school years, plans for college, and plans entry in the world of work. Covers special
education, vocational rehabilitation, and Medicaid (including EPSDT), Medicare,
SSI's Plan for Achieving Self Support, and the Americans with Disabilities Act.
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