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Wednesday, February 2, 2011

Filing Complaints About Unsatisfactory Medical Care From Medicare Providers

fl-medicare-complaints-20110202
Medicare took steps Wednesday to make it easier for patients to file complaints about unsatisfactory medical care.

Already, hospitals must give patients a written notice telling them how to file a complaint with an independent review agency. Under the new proposal, the rule would be expanded to clinics, home health agencies, surgery centers, rehabilitation centers, nursing homes, hospices and other providers — all of which would have to give patients the notices. Doctors would not be included.

In Florida, complaints about Medicare service go to Florida Medical Quality Assurance Inc. at http://www.fmqai.com or 800-844-0795. Examples of issues that could be raised include medication errors, unnecessary tests, wrong diagnoses or incorrect medical instructions.

Questions? Contact Marc Dubin, Esq., at mdubin@pobox.com

Informative Show About Discrimination Against the Deaf

 http://www.ntid.rit.edu/node/1954

What happened when deaf students recently applying for a job at a coffee shop were met with these comments:
  • “We don’t hire deaf people here.”
  • “I’m sure you can do lots of things. But this is not the job for you.”
  • “The next time you come in here, bring an interpreter.”
  • “I think you people would rather work with people of your own kind.”
Did anyone witnessing the discrimination speak up?
That was the experiment students from Rochester Institute of Technology’s National Technical Institute for the Deaf conducted with ABC’s “What Would You Do?” program. The show uses hidden cameras to depict actors doing controversial things such as breaking into cars or obviously stealing a bicycle, and records what passersby do – or don’t do – when confronted with an ethical dilemma.
“We’re not out to embarrass anyone,” said host John QuiƱones. “It’s a lesson learned by the viewers at home, to speak up when they see an injustice.”
The 8-minute segment is scheduled to air this Friday (Feb. 4) at 9 p.m. EST on ABC.
Andrew Paparella, a producer for the show, sought suggestions from deaf students, faculty and staff from RIT/NTID to see whether a situation where deaf people were being discriminated against would cause people to speak up. He flew to Rochester in December and met with several students involved in the theater program at NTID. The students talked about what it was like being deaf and challenges they encountered at home finding jobs. They also showed him there’s not one way of being deaf or hard of hearing. Some used their voices; others used their hands to communicate in American Sign Language.
Paparella also interviewed NTID President Gerard Buckley, who talked about NTID’s Center on Employment, which educates prospective employers of deaf workers nationwide about how little accommodations may be needed to hire a deaf employee.
After the meeting in Rochester, ABC hired RIT/NTID students Hannah Worek and Maya Ariel to be actors for the production. The network flew them to Newark, N.J., and gave them a hotel room in nearby Morristown, where they would be pretending to apply for a job opening at a small coffee shop.
An hour before SmartWorld Coffee opened at 7 a.m., Hannah and Maya were among 30 ABC employees crowded in the store. Technicians placed eight hidden cameras in the shop and attached portable microphones to the actors – Hannah and Maya, and two actors who were playing the role of the discriminating manager. A truck with numerous monitors was parked in a rear lot. Crew members camped in the basement of the store as they watched more monitors and checked sound levels. Others – including an undercover police officer, just in case – were posing as customers sitting in the store. And more people were outside in vans waiting with cameras and microphones to approach actual customers who were filmed and may be shown on the show. Each actual customer had to fill out releases after they were told this was a staged scenario. If they didn’t fill out a release, their faces would be blurred out or they wouldn’t be used.
A large “help wanted” sign was placed on the door of the store and another at the counter. When the store filled with actual customers, Maya and Hannah walked in and asked the manager – actor Vince August - for a job application.
“You know what, I’m not going to hire a deaf person, I’ll let you know right now,” he said. “I’m not going to waste your time.”
Actual customers overhearing this rolled their eyes and turned around, but no one said anything until the girls left. Then one woman told August she works in human resources, and he shouldn’t have been specific why he wouldn’t hire them. “You don’t have to hire her, but you need to be careful how you communicate that,” she said. “This is a very litigious society.”
As the day progressed, the actors became more brazen with their discrimination:
  • “Go ahead and fill out the application. I’m going to write ‘DEAF’ across the top of it.”
  • “Isn’t there another place you’d feel more comfortable working? I think you’d be more comfortable someplace else.”
  • “I’m trying to run a business, and that type of impairment would be a nuisance.”
  • “It would make things uncomfortable for our customers.”
  • “Is there a deaf school around? Maybe you should find a job there.”
Few customers reacted other than turning their heads or muttering as they walked out the door.
Only three customers throughout the day spoke out when the girls were in the store. One woman said the manager was being rude. A man told the girls, “You really don’t want to work here anyway” before storming out with his coffee. Customer Gerry Tourgee said: “I’m really shocked. And if that’s the case, I’m not buying my coffee here. It’s an affront. It’s an affront to America.”
Some customers were confronted by Quinones about why they didn’t speak up.
“All right. You caught me,” one woman said.
Diana Henry, who portrayed a manager, said she was surprised more people didn’t speak up to defend the girls, “who are struggling so hard to find a voice as it is. I’m a little saddened that it didn’t happen today.”
Paparella was pleased, however.
“I thought the shoot went really well,” he said. “Maya and Hannah exceeded my expectations. They were great. It was really interesting to see the customers’ reactions. I was just really surprised more people didn’t find it outrageous. Either they didn’t take notice of our discrimination, or if they did, they didn’t seem to care
The students agreed and have hopes attitudes will change as a result of the show.
“Look at all people as the same,” Ariel said. “Don’t focus on the differences. Focus on the fact that everyone is equal.”
“I think they should just know that deaf people can do anything pretty much. And don’t be afraid to speak up when you think something’s wrong,” Worek said.
See a captioned behind-the-scenes video of the production.





Questions? Contact Marc Dubin, Esq., at mdubin@pobox.com

Will Paratransit Budget Be Slashed?


Date: Tue, 1 Feb 2011 21:45:01 -0800
Subject: [ADA Expertise] Request for meeting to discuss proposed Transit budget
Wednesday, February 02, 2011
Dear Mr. Kapoor:

I was recently informed that the Transit Department’s proposed budget is due to be submitted to the Board of County Commissioners by July 15th, 2011. I am writing to invite you to come to the Center for Independent Living of South Florida to discuss the proposed budget, to receive input from the disability community, and to answer questions from members of the disability community.

For several months, we have invited you to talk with us, and you have assured us that you would, but have not yet done so. You promised transparency, and responsiveness, but have never shown up, and have created a great deal of concern within the community about possible cuts to the Paratransit budget.

When would you be available to meet? Do you plan to recommend cutting the Paratransit budget?

Thank you.
Marc



Questions? Contact Marc Dubin, Esq., at mdubin@pobox.com