Proposed ACA Data Collection Standards

August 1, 2011
In addition to calling for collection of data on disability status for applicants, recipients, or participants by any federally conducted or supported health care or public health program, activity or survey, Section 4302 of the ACA also requires the collection of additional information related to specific, known barriers to healthcare that affect individuals with disabilities and that contribute to the health and health care disparities they experience, and sets forth the following specific data collection standards:

National Association of the Deaf v. Netflix

June 16, 2011
An estimated 36 million Americans are deaf or hard of hearing. The deaf and hard of hearing community had repeatedly expressed concerns to Netflix about its failure to provide equal access to Netflix's streaming video product, “Watch Instantly.”  Plaintiffs National Association of the Deaf, Western Massachusetts Association of the Deaf and Hearing Impaired, and Lee Nettles asked the court to declare that Netflix's behavior constituted a violation of Title III of the ADA, and to require that Netflix provide closed captions on all of its streaming content.

Accountable Care Organizations

June 6, 2011
The Disability Rights Education and Defense Fund (DREDF) and Access Living, along with the undersigned organizations and individuals, appreciate the opportunity to comment on the proposed rule regarding Medicare Shared Savings Program: Accountable Care Organizations (ACOs).

Opposition to SB 462

April 25, 2011
SB 462 proposes a voluntary certification process for non-attorney, paid or unpaid special education advocates who want to participate in IEPs or mediations. The bill would require special education local plan areas to provide alternative dispute resolution training, and the Office of Administrative Hearings to administer a test, to persons seeking certification. The bill would require a fee for the training and testing, and would also require advocates to disclose detailed information about their advocacy, areas of expertise, as well as personal relationship with the parent or child.

Health Disparity Research and Data Collection

April 25, 2011
Section 4302 of the ACA mandates the collection of data on “disability status for applicants, recipients, or participants” by “any federally conducted or supported health care or public health program, activity or survey.” In addition, section 4302 also requires the collection of additional information related to specific, known barriers to healthcare that affect individuals with disabilities and that contribute to the health and health care disparities they experience, and sets forth the following specific data collection standards:

Health Information Technology

February 25, 2011
While we were disappointed that accessibility standards were not included in HHS’s July 2010 final rule establishing stage 1 “meaningful use,” we are encouraged by the Department’s inclusion of disability specific questions in its latest request for comments. We strongly urge the Department to adopt explicit accessible information technology standards within stages 2 and 3 MU to both improve health outcomes for all patients with sensory, cognitive or mobility limitations, and to ensure that a technological system that has been mandated to reduce health disparities does not in itself act to replicate and deepen the disparities experienced by people with disabilities.

American Nurses Association v. Torlakson

December 22, 2010
On August 12, 2013, the California Supreme Court issued a unanimous decision in American Nurses Association v. Torlakson, a landmark case involving diabetes care in California public schools. The case came before the Court after more than seven years of litigation, which began with a class action lawsuit that was resolved by a settlement agreement allowing trained non-medical school personnel to administer insulin when a nurse is not available. That provision of the settlement was challenged by several nursing organizations DREDF and co-counsel represented Intervener and Appellant American Diabetes Association before the California Supreme Court.