SPRING NEWSLETTER

In This Issue

Fair Housing

Meds at School

The Scenic Route

Medicaid Expansion

and Justice for All

Good Fences

Fair Housing—Something to Celebrate In April, we celebrated Fair Housing Month. Equitable treatment in housing certainly

is cause to celebrate. Unfortunately, the DLC’s Fair Housing program is finding sig-

nificant evidence of disability-related discrimination. Discrimination is often difficult

to detect and even harder to prove. When applying for housing, protected classes

often don’t know if they are being treated like everyone else. In December 2013, the

DLC became the designated fair housing enforcement agency in Utah. This new role

is thanks to a three-year grant from the U.S. Department of Housing and Urban De-

velopment. It strengthens enforcement of the federal and state Fair Housing Acts

through investigation and testing of alleged discriminatory housing practices. The

funds are also used to educate housing providers, local governments, and potential

victims about their rights and responsibilities under the Fair Housing Act.

2014

The DLC has conducted 104 tests related to disability and accommodations since the program began in 2012.

Our goal is to conduct at least 150 tests in 2014. Trained testers pose as housing applicants and record the re-

sponses they get to various requests. When testers with similar profiles ask about housing and the person with

a disability experiences barriers, it indicates discrimination. So far, the DLC has found that in 50% of the disabil-

ity-related tests there was some form of discrimination. Testing is used to help obtain justice for victims of hous-

ing discrimination, and to prevent discrimination in the first place. The DLC works with landlords to educate them

about Fair Housing practices. We have also filed 11 complaints with the Utah Anti-Discrimination and Labor Divi-

sion (UALD) and 2 complaints with the office of Housing and Urban Development (HUD)

Another big change - our fair housing pro-

gram is now open to all protected clas-

ses. The Fair Housing Act protects peo-

ple from housing discrimination based on

their race, color, sex, religion, national

origin, family status, or disability. (The

Utah Fair Housing Act also protects

against source of income discrimination.)

The DLC is now conducting tests to un-

cover housing discrimination against all of

these protected classes. We will also

handle individual complaints of those who

know they’ve been victimized.

Do you think you’ve experienced

housing discrimination? Call the

DLC today!

Ask the Advocate

Question:

My son Casey is in kindergarten. This year he was diagnosed with

Type 1 Diabetes. We’ve been getting by with administering his insulin

before and after his half-day of school. The teacher is supposed to

check his insulin level each day. One day Casey was feeling ill and

let the substitute teacher know that he needed to eat. She directed

him to return to his seat saying, “You’ll be out of school soon and can

go home to eat lunch.” Soon, his insulin level became dangerously

low. After this and other experiences, I’m worried about next year.

I’m teaching him to administer his own medication, but, he can’t calcu-

late the dosage yet. Because there’s no school nurse, the teacher

suggested that I could come and volunteer at the school all day so

that I can monitor and administer Casey’s insulin. This doesn’t seem

right. What is the school’s responsibility in this situation?

Answer:

You’re instincts are correct. There’s more the school can do. When it comes to students that need medication

at school, there are federal and state laws as well as school policies that may affect your child. There are some

general considerations that relate to any student who needs medication at school. Go to the Education Re-

sources section of the DLC’s website to learn more.

There are two Utah laws that apply to children with diabetes. The first allows schools to train persons other than

school nurses to administer glucagon to children with diabetes. Parents (or guardians) of a student with diabe-

tes must provide the school with a form that authorizes the school to give glucagon to their child. You can find

the form on the Utah Department of Health website at: http://health.utah.gov/diabetes/pdf/glucagonbill/

glucagonquthorizationform.pdf.

Something else to consider as Casey gets older is a Utah statute that allows a student who has diabetes to car-

ry their own diabetes medications and supplies, if certain conditions are met. First, the parents must authorize it

and acknowledge that he/she is capable of appropriately using them. Second, the child’s health care provider

must provide the school with a written statement that says it is medically appropriate for the student to self-

administer his or her diabetes medication.

Note: If your child is not able to monitor his diabetes or administer

his own medications safely, you must ask for a health care plan to en-

sure that an adult at the school will assist your child. All children with

diabetes probably need a health care plan for school, regardless of

whether they can manage their diabetes independently.. The school

needs to understand the child’s condition and be prepared to respond in

the event of an emergency.

Our “Ask the Advocate” column is intended to give general information and should not be considered legal ad-

vice. If you need assistance, please call the DLC at 1-800-662-9080.

In Utah about 2,255

school-age children

have diabetes.

Erin Hough, DLC Advocate

The Scenic Route: Open doors in Cache Valley

Businesses in Cache Valley are becoming friendlier towards customers with disabilities thanks to the new “Open

Access” program. The voluntary program engages people knowledgeable about accessible shopping and dining

with business owners who want every customer to have an enjoyable experience. Kurt Smith, a co-owner of Ed-

wards Furniture in Logan, recently participated in the program. “It makes business sense to be more accessible to

people” Smith said. “Also, you do it just because you want to. Providing access is a friendly thing”.

It started when Bear River Association of Governments invit-

ed professionals in the fields of human services and trans-

portation to develop solutions together for the kind of trans-

portation problems that are common in rural Utah. Sheri

Newton, DLC Advocate, joined the group. The Regional Ac-

cess and Mobility Council set to work to sustain and improve

transportation options for underserved populations in Rich,

Cache and Box Elder Counties.

The group soon became enthusiastic about overcoming more than the typical transportation issues. They wanted

to make sure that everyone has access to the charming shops and restaurants in Cache Valley. Now, businesses

are inviting trained volunteers to visit. They assess the business and provide answers to these questions: 1) Is the

business physically accessible? 2) Are the staff trained to assist people with disabilities? 3) Can you get there us-

ing public transportation? 4) Is it bicycle friendly?

Following the assessment and a review, qualified businesses are award-

ed decals in each of the four areas. With the decals posted at the en-

trance, customers know that the establishment practices “Open Access”.

Businesses that have participated so far praise the experience. Smith

had this to say about Don Toone, the volunteer that worked with Ed-

ward’s Furniture on access issues. “He just had this very, very friendly

approach that said that ‘we realize that some of these things are going to

cost you money, and we want to keep that at a minimum….here’s a lot of

little things you can do that are really helpful,‘”. He said that the interac-

tion with Toone “was just like an old friend coming in and viewing my

business through other eyes, and that’s always pleasant too. What we’re

doing here just seems more grass roots; it’s not a government saying you

have to do this. It’s just some people that are making some very nice

suggestions, and doing it in a very nice way.”

“You just do it because you want to. Providing access is a friendly thing.”

- Kurt Smith

Cookies, And Justice for All, and Love UT Give UT! Love UT Give UT is a 24 hour online day of giving by Utah residents to the non-profit of their choice. On March 20, 2014, “and Justice for all” (AJ4A) raised $18,404, from 277 donors, in support of the DLC, Utah Legal Services, and the Legal Aid Society of Salt Lake. This represents a 200% increase in the amount donated and a 150% increase in the number of donors compared to last year. AJ4A also ranked second in the amount given and fourth in number of unique donors among large nonprofits. Thanks to your generosity, the DLC and our partners will be able to provide legal assistance to even more disadvantaged Utahns across the state this year.

While doubling our total is certainly exciting, we don't intend to finish second to anyone next year. Those diabolically adorable Girl Scouts better watch out. We’re hungry for their record and their cookies.

Medicaid Expansion Update

Over the past year there has been so much done to study the different options Utah has for expanding Medi-

caid. We’ve had the Governor’s Workgroup, the Health Reform Taskforce, and the Public Consulting

Group research the issue and recommend solutions for closing the 57,000-person coverage gap. Around half

the Utahns who fall in the gap are working. Unfortunately, they make too much to qualify for Medicaid and too

little to qualify for a subsidy through the health insurance marketplace. About 30-40% of them also need mental

health and/or substance use treatment. Sadly, providers, including community mental health centers, are able

to see fewer clients without Medicaid or private insurance.

Despite all the information, Utah lawmakers still haven't decided whether to expand Medicaid. We had a rocky

2014 legislative session - different proposals were made, but no plan was passed. Even so, we're in a better

position this year compared to last. The governor has a plan he shared with officials from the U. S. Department

of Health and Human Services this week.

While there may be a special session this summer, it continues to look like Medicaid expansion will be an uphill

fight at the legislature. That’s why it’s critical to contact your legislators now. They need to understand what’s at

stake. They need to know why access to quality, affordable healthcare matters to you, your friends, and your

loved ones. At the same time, it's important to begin educating legislative candidates. If elected, they'll be the

ones determining the course and success of any future program.

What else can I do?

1. Share your story. Call 801-433-2299 ext. 8 or e-mail mystory@healthpolicyproject.org.

2. Come to a meeting

1st Wednesday of the Month: Health Care Round Table, 1:15-2:15 at the American Cancer Society

(941 E 3300 S, SLC UT 84106)

3rd Wednesday of the Month: Health Care Round Table 1:15-2:15 in the Olmsted Room, Senate

Building (UT Capitol)

2nd Thursday of the Month: Utahns for Medicaid Expansion Coalition Meeting, 3:30-4:30 at the

Catholic Diocese of Salt Lake (27 C Street, SLC UT 84103)

3. Get more information: Call the Utah Health Policy Project at 801-433-2299 ext. 8 or

email rylee@healthpolicyproject.org

Good Fences...

It’s been said, “Good fences make good neighbors”.

That may be true for some. Sadly, when the Smith’s

built a fence to protect their son from harassment and

other dangers, they found themselves the victim of an-

other kind of bully, the HOA.

Find out what the DLC did to protect the family and re-

store peaceful enjoyment of their home.

Watch the video at: https://www.youtube.com/watch?v=nnl_OO-e2xA

Disability Law Center 205 North 400 West, Salt Lake City, Utah 84105

800-662-9090