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| CHAPTER 17 | Please Join us at the La Fetra Senior Center in Glendora for our informative meetings. Learn how to enforce your rights under Title 24 and the ADA. |
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Vicki Elman, President 909-305-0435 |
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Laura Williams, Delegate 626-335-0613 |
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Meetings are currently being held on every Monday, 10:00 - 12:00 at La Fetra Senior Center 333 E. Foothill Blvd.,Glendora, Ca., 91741. Tele 626-914-0560, call previous day to reserve a lunch. |
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Chapter Bylaws East San Gabriel Valley Chapter 17
Article I. General The Principal place of business of this chapter shall be located in the County of Los Angeles, State of California. This chapter is an affiliate of Californians for Disability Rights, Incorporated, {State CDR} and any rules and regulations adopted by State CDR shall be binding upon this chapter.
Article II. Purpose
Article III. Membership
Article IV. Membership Meetings Meetings of the membership must meet a quorum with a minimum of half the officers in attendance and a minimum of three additional members, but not less than ten percent {10%} of the chapter membership rounded up to the next whole number.
Article V. Officers The President and Secretary of this chapter shall be responsible for transmitting to the State CDR office the names and current addresses and contact information of the chapter officers and chapter delegates and alternate delegates to the State Council. The Treasurer of this chapter shall be responsible for transmitting, at least annually, the chapter income and expenditure report or as requested by the State CDR office. The Secretary will prepare minutes of all meetings, making notice of the quorum and members in attendance, and recording all business conducted at the meetings, including a recording of all motions and a record of passed and failed motions.
Article VI. State Council Delegates
Article VII. Elections
Article VIII. Funds and Finances The chapter Treasurer shall keep an accurate accounting of all chapter receipts and expenditures and report regularly to the chapter, and submit a report annually to the State CDR office. The Chapter may utilize, with permission, the Foundation tax ID for the purposes of opening and keeping a bank account for the chapter, opening and maintenance of that account is the responsibility of the chapter. The Chapter may accept donations and provide tax deductible receipts to the donor only if all the following conditions are met: The chapter must make a report within thirty days to the State CDR office of the amount of the donation and the name and address of the donor. The chapter must forward the donation to the Foundation {at the State CDR office address} within thirty days of receipt, withholding no more than ten-percent {10%} as administration and collection fees for the chapter. The expenditure of funds donated to the 501(c)3 Foundation must be in accordance with current IRS Non-Profit Guidance. The Chapter may not seek grant funding utilizing the State CDR or the Foundation tax ID, unless expressly and jointly with the State office or Foundation, with all reporting of funds and expenditures. The Chapter may conduct local fundraising events, with twenty-five {25%} of all funds raised in excess of expenses submitted to the State CDR.
The Treasurer shall prepare an annual budget for the members to adopt or ratify.
Article IX. Bylaws The Chapter President is required to submit a copy of the chapter bylaws to the State office, and must submit all amendments to the chapter bylaws within thirty days or prior to the next State Council meeting, whichever is first. Chapter bylaws articles that are in violation of the requirements of the State CDR are null and void. In the absence of submitting Chapter bylaws and amendments, the State CDR shall presume that the draft bylaws {less optional sections} are the ruling document of the Chapter.
Article X. Authority
Article XI. Dissolution Set for Adoption November 2007 election term
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Foothills Communities Access Coalition 114 N. Glendora Ave., Suite 130 Glendora, CA 91741 Contact: le3293@aol.com
Unfunded Mandates Do Not Apply to the ADA! Unfunded Mandates Reform Act The Unfunded Mandates Reform Act does not apply to rules that enforce the constitutional rights of individuals or enforce statutory rights that prohibit discrimination on the basis of race, color, sex, national origin, age, handicap, or disability. Since the final rule is issued under the authority of the ADA and the ABA, an assessment of the rules impacts on State, local, and tribal governments, and the private sector is not required by the Unfunded Mandates Reform Act.
REF: Fed Register 7-23-2004 =SNIP= The Board consulted with State and local governments throughout the rulemaking process. State and local governments were on the advisory committee which recommended revisions to the guidelines, participated in public hearings, and submitted comments on the proposed rule. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act does not apply to rules that enforce the constitutional rights of individuals or enforce statutory rights that prohibit discrimination on the basis of race, color, sex, national origin, age, handicap, or disability. Since the final rule is issued under the authority of the ADA and the ABA, an assessment of the rules impacts on State, local, and tribal governments, and the private sector is not required by the Unfunded Mandates Reform Act.
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RESPECT ABIILITY Action and Advocacy Conference UPDATE! Keep October 2007 OPEN! for the Next RespectAbility Western Law Center for Disability Rights Attn: Marianne Brazer 919 South Albany Street Los Angeles, CA 90015 (213) 736-1428 FAX For additional information please contact the Western Law Center For Disability Rights (213) 736-8365 . |
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V. Elman Community Living Act Providing for living in the community in the most integrated manner should apply to all persons at risk for nursing home or institutional placement. A large segment of the disabled and frail elderly population is at significant risk for placement in nursing homes as disabilities or advancing age takes a toll on the ability to care for oneself. The majority of this at risk group are not eligible for IHSS under 1915 Waivers, because they have income that exceeds the current State of California calculation of the Federal Poverty Level Plus $230.00 for an individual or $310.00 for a couple. In recent Olmstead forums, less than ten percent [10%] of those attending the meetings, met the income and means testing for IHSS or Medi-Cal. The V. Elman Community Living Act would provide a means for disabled and frail elderly to remain in their homes or apartments of choice, while sharing the cost of essential personal care with the State. This community living act does not attempt to replicate the IHSS program for an enlarged field of clients. This act is primarily concerned with activities of personal safety and hygiene, including, but not limited to assistance from bed, bathing and dressing. It also includes, but is not limited to assistance in dressing for and getting to bed. It includes, but is not limited to appropriate bowel and bladder programs as may be required. It does not, except in very limited circumstances, cover housecleaning, cooking, laundry or other tasks. The Consumer [frail elderly or disabled] would pay for the first hour of care per day. The Consumer would pay thirty percent [30%] of the next two hours per day, and the State would pay seventy percent [70%]. The Consumer would pay five percent [5%] of the fourth through twelve hours per day, and the State would pay ninety-five percent [95%]. The hours determination would be accomplished through processes similar to the review and allocation of hours for IHSS consumers. The Registry would be open to the public. At risk disabled and frail elderly individuals with yearly income of $50,000 per year or less for an individual, and $75,000 per year or less for a couple, would be eligible. Personal care often requires a split shift of morning and evening care. When the total hours per day are four or less, then the State will pay a daily premium for split shift of five dollars per day. The State participation will cap [not exceed] at an hourly rate of pay greater than $9.50. The State will not pay for more than twelve hours per day except in the most extreme circumstances. It is recognized and expected that most disabled and frail elderly persons can live independently with five hours of assistance per day or less. Additional hours of care should be strictly limited to extreme care needs. The attached spreadsheet demonstrates the cost effectiveness of providing care when it is most needed, when a disabled or frail elderly person can still function in the community independently if provided with critical safety and hygiene needs. Proposed Cost Share, person deemed in need of home care to remain in home and out of institutional care NOTE: This is not comparable care to IHSS under 1915 Waivers. This is for personal care services necessary to Stay in home IE: two hours in morning for getting out of bed, elimination, bathing, dressing; one hour at night for undressing, washing up, get to bed. Some meal preparation and very light house cleaning may be used for calculation of hours, but in most circumstances, the consumer will be deemed responsible for these clean and cook hours. NOTE 2: For a split shift requirement, as in the above example, the State shall pay a premium of $5.00 per day. If: Income is FPL+230.00 or greater,but less than $50,000 per yr for one person, or FPL + 310.00 or greater for a couple, but less than $75,000:
THEN recipient pays first hour per day of care [care need not be rec'd every day but must be a minimum of three days per week.
CAPPED[state capped at $9.50 per hour ; 12 hrs p/day] Wage $6.75 $7.33 $8.00 $8.50 $9.00 $9.50 $11.50 $12.50 COST FOR CONSUMER PER WEEK [variable wages, hours, days per week] 1 hr;7 days $47 $51 $56 $60 $63 $67 $81 $88 recipient pays 30% of next two hours of care scheduled[per day] capped at state set level] IE: 9.50 per this example 3 hrs;7 days $76 $82 $90 $95 $101 $106 $148 $169 recipient pays 5% of all other hours deemed necessary[up to 12] 4 hrs;7 days $78 $85 $92 $98 $104 $110 $166 $194 5 hrs; 7 days $80 $87 $95 $101 $107 $113 $183 $218 6 hrs; 7 days $83 $90 $98 $104 $110 $116 $200 $242 Twelve Hours [State capped at 12] 12 hrs, 5 days $69 $75 $82 $87 $92 $97 $217 $277 12 hrs; 7 days $97 $105 $115 $122 $129 $136 $304 $388 Other 12 $567 $616 $672 $714 $756 $798 $966 $1,050 Note: communities may use delivered in home meals in place of cooking services, with the exception of dietary needs COST FOR STATE[variable wages, hours, days per week] CAP 3 hrs;7 days $66 $72 $78 $83 $88 $93 $93 $93 5 hrs; 7 days $156 $169 $185 $196 $208 $219 $219 $219 12 hrs; 5 days $336 $365 $398 $423 $448 $473 $473 $473 12 hrs; 7 days $470 $511 $557 $592 $627 $662 $662 $662 NOTE 3: The weekly cost to the State for a Split Shift Premium is: five days per week $25 seven days per week $35
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Providing homes in the community for all persons with disabilities is in the best interest of the community, the State and local governments and the Federal Government. Current assistance is provided through a variety of Federal, State, and local programs, with major funding components providing building funds for apartments or group living with subsidized rental assistance to consumers. This plan is intended to provide more direct assistance for consumers by providing homes in the community at a mortgage rate and term that is affordable to even the lowest income disabled for every state, region or locality. Designate a percentage of HUD housing assistance and building fund monies to provide mortgages to every qualified disabled person: a principal mortgage, a refinance of existing mortgage on a principal residence, and costs for access modifications for a principal residence; at a rate of one percent [1%] for a term of one hundred years [100 years]. This mortgage would be a zero down, include costs for home modifications for disability access and remain in place as long as the qualified disabled person remained in residence or intended to return to residence after hospitalization or rehabilitation, or as long as there are dependent children of the qualified disabled person under eighteen [18] years old , and will continue for one year beyond such qualification to enable the remaining family to sell the home or refinance with a conventional mortgage.
What this would accomplish: In States where the basic disability assistance is $800.00 per month, and median home prices are $180,000 the monthly payment would be $237.35 for principal and interest when, added to State property tax and insurance payments, approximately equal to the housing costs for persons receiving Home Choice Vouchers [Section 8]. In some local regions, housing costs have increased where even this innovative plan would not provide enough assistance to allow disabled homeownership. IE: San Francisco, where the median home price is $450,000; the principal and interest would be $593.39 per month. In these special circumstances, the mortgage plans could offer reduced interest rates or extended terms to accomplish affordable mortgage packages. Reducing the interest rate to ½ of 1% would result in a monthly payment of $476.61; increasing the term of a 1% loan to 150 years would result in a monthly payment of $482.79. Applying both a reduced interest rate of ½ of 1 percent and a term of 150 years would result in a monthly payment of $355.41. The costs associated with modifications for disabled access, estimated at a range from $5000.00 to $40,000.00 are from $6.59 to $52.75 additional monthly payment. Disabled persons that are currently homeowners would be able to refinance for up to 95% of the home equity plus the costs for home modifications required for disabled access. This plan should allow maximum flexibility to HUD in negotiating with private or public firms or banking institutions, allow issuance of bonds and or any other financial instrument to make the initial mortgage funding and subsequent mortgage buy-down from the current prevailing interest rate to the one percent loan package. The approximate costs to subsidize from prevailing rate of 4.5% to 1% for a $100,000.00 mortgage, termed at 100 years would cost just under $2500.00 per consumer per year, after the initial mortgage is funded. This plan would make it possible for every disabled person that wanted a home in the community to be able to achieve this most basic American achievement, at a substantial overall savings to the Federal government, and State and local governments. States would be encouraged, but not required to offer reduced property tax packages for qualified disabled homeowners. States would be encouraged, but not required to offer affordable homeowners insurance packages through negotiated plans.
Laura Williams le3293@aol.com
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© 1997 le3293@aol.com
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