Colorado healthcare workers have worked hard throughout the pandemic to care for the sick and keep our communities healthy, often risking their own well-being in the process. Without question, these workers are deserving of dignity, respect, and safety on the job.
Policies that increase criminal penalties when a healthcare worker is assaulted may be well-intentioned, but fail to prevent violence against healthcare workers and have the unintended consequence of causing further harm to vulnerable populations in need of treatment
and care in the process. That includes people with behavioral health issues, people with disabilities, and people with conditions like epilepsy, neurological disorders, traumatic brain injuries, dementia, and other conditions that impact the brain.
Increasing criminal penalties for assault has no evidence basis for preventing assault. Instead, it disproportionately impacts people with serious physical and behavioral health conditions, creating a harmful cycle of felonization for vulnerable populations that need care, not cuffs. Not only that, but these policies put healthcare providers who have a duty to first and foremost do no harm in an ethically compromised position.
PHE Unwind
You may have heard discussion in the news recently about the end of the Public Health Emergency. In 2020, the US Department of Health and Human Services declared an official public health emergency – or PHE – for the entire country in response to COVID-19. As part of the PHE declaration, anyone enrolled in Colorado Medicaid was guaranteed to keep their health coverage while our country remained officially under the PHE. Because of a legislative package passed by our federal Congress at the end of 2022, we now know that the official PHE will begin to unwind this coming April.
What does this mean for me?
Part of the PHE forbade the State from kicking anyone off Medicaid while the PHE is active. As the PHE is lifted this spring, this means that if you are currently on Medicaid, the State will begin conducting redeterminations for eligibility. Don’t panic, we’ve got the info you need to know and the steps you need to take!
Five Things to Know:
- Medicaid (also called Health First Colorado) will conduct redeterminations for everyone currently on Medicaid. Your redetermination will follow your pre-pandemic schedule, which means that if your redetermination normally happens in July, it will happen in July of this year, for example.
- Medicaid was not allowed to move anyone from one category of Medicaid coverage to another during the PHE. This means it is possible that you are currently enrolled in one category of Medicaid, and you may be moved to a different category after your redetermination. For example, during the PHE, many people were put on regular Medicaid, but due to their income, some of these people may actually belong on Medicaid Buy-In and will be moved into that category based on the redetermination process in the coming year.
- You may need to undergo a determination specifically for disability as part of your overall redetermination process. If this is the case for you, you need to be sure to fill out the determination paperwork you receive.
- If you receive a notice of ineligibility, you should file an appeal immediately. We have a video to help you through that process! You can find that video here.
- CCDC is here to help. Our Individual Advocacy Team can assist with complex and difficult cases. You can fill out our Help Form here to have an advocate contact you. Please remember that we are not able to handle emergency situations and that it may take a few days for an advocate to get back to you.
Three Things to Do:
- Don’t panic!
- OPEN AND KEEP ALL PAPER MAIL FROM MEDICAID AND ALL NOTICES FROM THE COLORADO PEAK WEBSITE! Keep not only all copies of your paper notices, but also the envelopes the notices came in – if you need to file an appeal, you will need proof of mailing postmarks. If you have trouble reading or understanding the notices you’re receiving from Medicaid, ask someone in your life who you trust to help you read and understand the information you’re being sent.
- File an appeal if you get a notice that your benefits are ending.
Bilingual Advocate and Spanish Facilitator for Regional Medicaid Client Council
Job Title: Bilingual Advocate and Spanish Facilitator for Regional Medicaid Client Council
Reports To: Director of Medicaid Appeals and Eligibility
Hours: 25 hours a week
Location: Western Slope, Colorado
Colorado Cross Disability Coalition (CCDC) is a non-partisan non-profit organization that advocates for social justice for people with all different types of disabilities. We are run by and for people with disabilities. Cross Disability means that people with different types of disabilities have more in common than not and that we work together on areas of common concern. We
work on issues determined to be most important by our members and use a variety of strategies to make systemic change. Strategies include community organizing, changing laws and rules, developing programs, community education and litigation. At the heart of our work is individual advocacy. We assist individuals with day-to-day problems to understand what is and not
working on the ground so our systems changes are informed by real-life experience. Individual advocacy is also a lifeline for our members.
Position Overview:
CCDC is looking for a caring, detail-oriented, and talented individual to join our individual advocacy team. This position will be responsible for providing individual advocacy which includes assisting people with resolving problems related to Medicaid, and providing information and referrals about other services to CCDC’s Spanish-speaking members on Colorado’s Western Slope and will also facilitate the Western Slopes Medicaid Client Council.
Facilitation Duties and Responsibilities:
1) Conduct outreach and find a group of Medicaid clients to join the group.
2) Create an orientation for the group that includes an overview of the Accountable Care Collaborative, an overview of the Medicaid state plan and behavioral health benefits, information about working together as a group, what other advisory groups have done, setting group norms, and agreements.
3) Establish a schedule for meetings, including meeting frequency and location for meetings and whether or not the meetings will be in person or virtual..
4) Plan each meeting, including arranging for food for the meetings, ensuring that the space is accessible and we are providing all requested accommodations (including international sign if requested). Work with CCDC staff to arrange for travel reimbursement.
5) Facilitate group creation of each meeting’s agenda and undertake the planning necessary for securing speakers.
6) Take notes at each meeting
7) Attend quarterly PIAC meetings (either in GJ or virtual)
8) Coordinate with appropriate CCDC staff and funding partners to provide updates, collaboratively problem solve, etc.
Advocacy Duties and Responsibilities:
1) Assist Spanish-speaking clients with the Medicaid approval process, including paperwork, answering questions about the process, and providing referrals when necessary.
2) Assist Spanish-speaking clients with Medicaid eligibility appeals, including paperwork, answering questions about the process, and providing referrals when necessary.
3) Communicate with state and local agencies on behalf of clients when necessary
4) Attend individual advocacy team meetings Mon-Thurs mornings to stay up to date on changes in rules, policies and procedures to ensure accurate information is being relayed to clients and the community.
5) Attend meetings such as case management interviews, service planning meetings, and care
coordination meetings with and for clients with complex needs.
6) Assure all information is loaded into our client case management system (Legal Server)
Necessary Skills and Experience:
● Spoken and written fluency in Spanish and English
● Strong people skills and ability to interact with people from a variety of backgrounds and with different kinds of disabilities
● Desire to connect people with the services they need and help enact systemic change
● Ability to run meetings in a way that allows people to participate at their comfort level
● Strong understanding of group dynamics
● Prior experience with and/or knowledge of Medicaid
● Ability to answer questions and/or to accurately track Medicaid related questions, get answers to questions quickly and get back to people
● Strong organizational skills to manage the details of the meetings, agenda planning, etc.
● Ability to document the activities in meetings and interactions with clients
● Experience in community engagement and outreach. We are looking for someone who knows the community and has the ability to build and maintain trust within the community.
● Ability to take individual stories and explain/demonstrate how they relate to systemic problems and systemic changes that need to be made
● Ability to support members developing pride in the sharing of their lived experience to make the experience better for everyone
● Ability to use the Google Suite and all Office products as well as ability to use a client case management system (training will be provided but must have underlying skills).
● Ability to manage time and prioritize multiple communications.
Salary and Compensation:
This is a temporary part-time position that may require some weekend and evening work. There may be an opportunity for the position to become permanent if funding allows. This position will be based on the Western Slope and will require 25 hours of work per week. Salary is $35,000 annually.
To Apply:
Please send a cover letter and resume to Hillary Jorgensen at hjorgensen@ccdconline.org. No phone calls, please.
CCDC is dedicated to the principles of equal employment opportunity in any term, condition or privilege of employment. CCDC does not discriminate in employment or advancement opportunities on the basis of race, sex, color, creed, national origin, ancestry, age, sexual orientation (including gender identity and gender expression), disability or any other characteristic protected by federal, state or local law. Reasonable accommodations during the application process and throughout employment are provided.
Importance of Voting from a Slightly Different Perspective
Importance of Voting from a Slightly Different PerspectiveA Friendly Reminder from Your Civil Rights Legal Program (“CRLP”) Director
CCDC has always been amazing in its get-out-the-vote efforts. This year, it has assembled a get-out-the-vote team that is bigger and stronger than ever. As the Director of CCDC’s CRLP, I just want to remind you of one of the many reasons why or vote makes a difference.[1] Attorneys who enforce civil rights laws protecting the rights of people with disabilities almost always must bring cases in federal court.
Enforcing your civil rights as a person with a disability or the family member or friend of a person with a disability depends on the judges who get nominated and appointed to federal courts.
If you are a voter (and if you are a CCDC member, we sure hope you are), it is incredibly important when voting to recognize the role that voting for Senators plays in the appointment and confirmation of federal court judges. Federal Judges are appointed by the President of the United States and confirmed by the Senate. Nearly everyone who votes and follows politics knows this is true for the United States Supreme Court. But the same is true for all federal court judges.
So why are we talking about federal court?
Almost all laws that protect the civil rights of people with disabilities are federal laws. The ADA is just one of many examples. Federal courts have jurisdiction over federal laws.
Here is the Constitutional basis for why you will want to consider the position of the Senators you want to vote for:
Presidents appoint all federal Judges, no matter whether they are federal district court judges, Tenth Circuit Court of Appeals judges or Justices on the Supreme Court. In Colorado, the Tenth Circuit is the court where appeals from the federal district court are decided. You can find this all in Article II, Section 2, Clause 2 of the United States Constitution. This is known as the Appointments Clause which gives the President of the United States the power to appoint all federal judges with the “advice and consent” of the U.S. Senate (meaning the Senators vote on whether to confirm the appointed judge or not). So almost all cases disability civil rights lawyers bring to enforce your rights as a person with a disability are filed in the federal court. The judge who is assigned to hear the case is a judge who is appointed by the President and is confirmed by the Senate.
There is a state law known as the Colorado Anti-Discrimination Act (“CADA”) that also provides civil rights protections for people with disabilities. Although CCDC and our state general assembly have done a great job of amending this law to improve it to protect your civil rights. This includes CRLP attorney Andrew Montoya’s work with several bill sponsors to amend the CADA with the passage of HB21-1110. This bill made it clear that government entities and agencies cannot discriminate against people with disabilities. It also makes Colorado the only state that requires that government entities are required to make their websites accessible for people who are blind. But even with the improvements made to the CADA, it does not yet allow for all of the opportunities that most federal laws provide to protect the civil rights of people with disabilities. There are some laws that protect the rights of people with disabilities might be Individuals with Disabilities Education Act (this is just one example) that do not have a similar section in the CADA. For the time being, most disability civil rights cases will remain in federal court.
It is now time to cast your primary ballot. On that ballot, there are United States Senators running. Currently, the incumbent, Michael Bennett, is seeking another six-year term as one of your two Colorado United States Senators. He has two challengers. Of course, after the primary election voting is complete, the current Senator will have only one challenger for the general election.
So if disability civil rights causes are important to you, it is really important to find out what the candidates think and have done with respect to disability civil rights. You can look at their websites and research information about them. CCDC cannot tell you which candidates we believe you should vote for, but lawyers who bring these cases need your help. Does the candidate seek to enforce civil rights for people with disabilities? Is it something they are concerned with? Do they have a history of the subject? Those Senators who want to see the ADA and all of the other federal laws that protect our civil rights as people with disabilities enforced are far more likely to look to confirm judges who want these laws enforced.
If you can’t find information about the candidate’s disability civil rights record, contact their offices and ask. Let them know that you are a constituent who cares about the civil rights of people with disabilities and tell them why it is important to you. Then ask to find out what the candidate’s beliefs are about protecting the rights of people with disabilities. Choosing Senators who believe in the enforcement of our civil rights helps your lawyers help you.
Primary ballots are due June 28. The general election is on November 8. You have time to help your lawyers help you enforce the civil rights of people with disabilities.[2]
[1] For those of you who don’t know, I am a person with a disability.
[2] One other helpful piece of information you should consider when voting for Senators (and the President when the time comes) is what vacancies there are on the United States District Court for the District of Colorado as well as vacancies on the Tenth Circuit Court of Appeals. This means it is helpful to know if there are openings on these courts that need to be filled by the President’s nomination and the Senate’s confirmation. One website for finding this information is the United States Federal Courts Vacancies website available at https://www.uscourts.gov/judges-judgeships/judicial-vacancies.
Written Testimony in Opposition to HB 21-1035, “Expecting Mothers’ Relief Act” | Testimony from Kevin Williams, CCDC Civil Rights Legal Program Director
On March 16, 2021, Civil Rights Legal Program Director Kevin Williams submitted written testimony on behalf of CCDC and himself in opposition to HB21-1035. That day, the House Public & Behavioral Health & Human Services Committee voted unanimously to postpone this bill indefinitely.
To read the testimony, visit the Written Testimony of the Colorado Cross-Disability Coalition in Opposition to HB21-1035.
RTD’s Light Rail Ramp and High Block Policy Change
Investigation date: March 23, 2021. The CCDC Civil Rights Legal Program wants to hear from you regarding whether you have had problems boarding or getting off of light rail trains because people other than those who use wheelchairs and mobility devices are using the ramp and high block to enter and exit the accessible light rail lead train. RTD has had a policy for a long time that requires that the ramp and high block be used only by people who have in their words “legitimate mobility devices and mobility impairments.” See RTD Light Rail High Block Access policy posted on its website which currently reads:
Light Rail High Block Access
The RTD Light Rail high block is a ramp structured for accessibility. The purpose of the high block is to create access to the train for people with mobility devices – mainly wheelchairs. High block use is also for individuals whose physical mobility impairment(s) make it difficult to use the stairs to access RTD’s light rail trains.
The high block is not required to accommodate devices that are not primarily designed or intended to assist persons with mobility disabilities. Devices such as: bicycles, skateboards, shopping carts, two wheeled scooters, luggage, strollers etc., are not designed nor intended to be used as a mobility devices based on a disability. Therefore, these types of items are not allowed on the RTD Light Rail high blocks. RTD Light Rail riders are also not allowed to use the high block for items they have difficulty getting on the train e.g. luggage, strollers, bikes etc.
In order to maintain our accessibility features (Light Rail high block), and for riders safety,RTD will take steps to ensure unobstructed access to the Light Rail high blocks for people with legitimate mobility devices and mobility impairments.
CCDC has reason to believe that RTD now intends to change this long-standing policy as set forth in a document RTD has circulated to the Advisory Committee for People with Disabilities that signals a great shift from this former policy. See Highblock Usage Whitepaper.
If RTD follows through or already has followed through with this policy change, this could very well mean that people who use bicycles, people with very large objects unrelated to mobility impairments, people with strollers and people with grocery carts and more would be allowed on the ramp and high block. If that is the case, CCDC is concerned that individuals who have legitimate mobility impairments and who use legitimate mobility devices (in RTD’s words) could be blocked from boarding a light rail vehicle. Moreover, it is unclear from the whitepaper where RTD intends for these individuals to place themselves once they board the lead vehicle using the ramp and high block. It seems the only available space would be the designated wheelchair-accessible areas which are required to be maintained as accessible and usable by people who use wheelchairs or other mobility devices.
CCDC and 17 CCDC members who use wheelchairs and mobility devices reached a settlement agreement with RTD in a lawsuit specifically addressing the accessibility of the designated required wheelchair seating areas. The settlement agreement required RTD to increase the size of the wheelchair-accessible areas on all of its existing trains and 129 new vehicles it was in the process of purchasing. See RTD Settlement Agreement and Light Rail Lawsuit. Feedback from CCDC members has been very positive about the changes made to the wheelchair seating areas.
CCDC is confused as to why RTD would suddenly change its long-standing policy that predated the lawsuit and settlement regarding wheelchair accessible seating to allow any person who does not use a wheelchair or other mobility device to block access to the ramp and high block and to sit in the only available seating section designated by the ADA for people who use wheelchairs and mobility devices. See Light Rail Lawsuit and Class Action Settlement. This policy change points light rail operators in an untenable position in trying to moderate who should be using the ramp and high block and sitting in what locations on the light rail vehicles. Light rail operators do not assist with seating in this area as a general matter. As CCDC understands it, light rail vehicle operators generally board passengers who use wheelchairs or other mobility devices by lowering the ramp at the high block, letting the person on, raising the ramp and reentering the operator cabin. RTD used to post signs on its light rail vehicles telling people with bicycles they could bring them on light rail vehicles, but they were specifically prohibited from having them behind the driver cabin or entering the trains using high block and ramp. CCDC would much prefer RTD maintain its long-standing policy barring individuals other than those with the legitimate need from using those areas.
If you have had or have any difficulties boarding a train because you are blocked by people on the ramp and the high block who are using the ramp in high block but do not have a mobility impairment or wheelchair, or if you have been prevented from accessing the required designated wheelchair seating area because people who are not using wheelchairs or mobility devices are occupying those spaces, we want to hear from you. The settlement agreement regarding designated wheelchair seating areas on light rail trains and other accessibility issues is still monitored by the CCDC Civil Rights Legal Program, and we want to hear from you.
If you have experienced either of these problems, please contact CCDC’s Legal Program Assistant at ccdclpa@ccdconline.org. You will want to leave your name, the best contact information in time to reach you and best method. It is also very important that you keep track of the light rail line you are using when the incident happens, the exact time of day, what direction you are headed on that light rail line and whether you have already complained to RTD or anyone else. It is very important that individuals who experience the problem report the problem themselves rather than having someone else report it for them.
Thank you for your assistance as we continue to monitor the required accessibility of light rail vehicles for people who use wheelchairs and mobility devices. Remember, although RTD may use a slogan that states, “the ADA is everyone’s responsibility,” it is actually RTD’s responsibility under the ADA to make sure the designated wheelchair seating area is maintained so that it is accessible to those who need it.
BizWest: There’s COVID. And ‘Long COVID’
by Dan Mika — March 1, 2021
LOVELAND — Chad Wittenmyer’s long, red beard has grown unmanaged since March, seemingly at the same rate as his pain.
Twelve months ago, the 40-year old father and stepfather of four was fabricating windmill blades and was in the best shape of his adult life.
But after he contracted COVID-19 in March, a host of medical issues started to emerge. Constant fatigue set in. His heart rhythm was off, and he struggled to breathe under exertion. Eventually, pains and neuropathies developed in his extremities.
Wittenmyer is among those suffering the worst form of “Long COVID,” a catch-all for ongoing symptoms that some COVID-19 survivors endure after the infection period.
To continue reading (including comments by our Legal Program Director, Kevin Williams), visit BizWest for “There’s COVID. And ‘Long COVID.'”
In Celebration of Black Americans with Disabilities
Article by Angela Nevin
We know that month-long celebrations can fizzle and wane as the month goes by. So, we want to take the opportunity to add a fresh voice to celebrating the individuals who make a difference in the lives of Black Americans with disabilities.
Many people in the history of Black Americans have also been people with disabilities. Just a few to note: Continue reading “In Celebration of Black Americans with Disabilities”
Bridges to Employment Webinar Series
A free monthly webinar series from the Colorado Cross-Disability Coalition designed to assist people with disabilities to obtain and keep gainful employment
Hosted by The Colorado Cross-Disability Coalition and Brenda Mosby, owner of Mosby Business Services.
This month, CCDC launches the first of a five-part series designed to help individuals with disabilities overcome the misperception that working and benefits don’t go hand in hand.
Each month we will explore a different, employment-related topic chosen to offer new skills and knowledge in the employment field. Webinars are about an hour-long, require separate registrations, and are completely FREE.
Coming Up Next:
Previous Sessions Available by Recording
Click here to access the archived recordings and documents.
Part 1: Medicaid Buy-In for Working Adults with Disabilities (Buy-In) High-level overview with Brenda Mosby and CCDC Appeals & Eligibility Director, Donna Sablan. Click here to access the archived recordings and documents.
Part 2: Applying for Buy-In – A step-by-step application walkthrough with CCDC Appeals & Eligibility Director Donna Sablan
Contact Angela Nevin at anevin@ccdconline.org for questions or accommodation questions. (All accommodation requests must be received a minimum of three days before each event.)
