"Bridges to Better Advocacy"

Hilton Garden Inn ~ Austin, Texas

April 3 - 4, 2008

Program Objective: To provide attorneys, paralegals, and legal advocates the legal advocacy tools and strategies needed to successfully advocate for assistive technology (AT) devices and services for individuals with severe disabilities.

CLICK HERE for Registration Form

Optional Pre-Conference Session - Introduction to Medicaid: Eligibility, Federal Mandates, Hearings, Litigation, Funding of Assistive Technology  Wednesday, April 2, 2008 – 9:00 to 5:00

 

Day 1 - Thursday, April 3, 2008

8:00 - 8:45 Registration, Continental Breakfast

8:45 - 9:00 Welcome
Steve Elliot, Senior Attorney, Advocacy, Inc., Austin, Texas

9:00 - 9:15 Introduction & National AT Advocacy Project Update
James R. Sheldon, Jr., Supervising Attorney, National AT Advocacy Project

9:15 - 10:45 Session 1 - Medicaid and Managed Care: Our Clients Do Not Surrender Their Medicaid Rights at the Door of the HMO
Jane Perkins, Esq., National Health Law Program, Chapel Hill, NC

During recent years, more and more states have used a managed care model to operate all or part of their Medicaid programs. Presenter will discuss key provisions of federal Medicaid law that advocates must be prepared to assert when the health maintenance organization or other managed care entity appears to be offering your client less than would be available through the traditional Medicaid program.

10:45 - 11:00 BREAK

11:00 - 12:15 Session 2 - Major Developments in Special Education: Recent Court Decisions, Legislative and Regulatory Developments
Ronald M. Hager, Esq., National Disability Rights Network, Washington, D.C.

Important special education policy continues to emerge through the courts, through interpretations of the Individuals with Disabilities Education Act (IDEA) amendments of 2004, the implementing regulations, and the newest IDEA regulations that implement provisions of the No Child Left Behind Act amendments. Will discuss how these developments will affect a child’s right to AT devices and services.

12:15 - 1:30 LUNCH

1:30 - 3:00 Session 3 - Making Research-Based Decisions for AT in Schools and Using Evidence-Based Data to Win Your Special Education Appeal
Penny Reed, Ph.D, Independent AT Consultant, and Former Director of the Wisconsin AT Initiative

&#&#&#Using a clearly defined decision making process to guide AT decisions in schools is becoming increasingly more important. IDEA 2004 requires the provision of special education and related services, including AT, to be based on peer-reviewed research to the extent practicable. Dr. Reed will discuss what advocates need to know in order to understand a clearly defined decision making process, including basic data collection, interpretation, peer-reviewed research and child specific evidence to advocate for the AT your client needs in school.

3:00 - 3:15 BREAK

3:15 - 4:45 Session 4 – Practical Legal Ethics: When Can You Interview the Employees of Your Adversary?
Diana M. Straube, Esq., Staff Attorney & James R. Sheldon, Jr., Esq., Supervising Attorney, National AT Advocacy Project

Attorneys and advocates must gather a wide range of information as they pursue appeals and other legal remedies against either private entities or public agencies, like a public school district or Medicaid agency. When can this fact gathering include interviews of your adversary’s employees? Will discuss what the ethical rules say about what is and is not permitted by attorneys, advocates, and other employees of a law office.

6:30 Conference Dinner and Party

Day 2 - Friday, April 4, 2007

8:00 - 8:45 Continental Breakfast

8:45 - 9:00 Introduction to Day 2
James R. Sheldon, Jr., National AT Advocacy Project

9:00 - 9:30 Session 5 - Legislative Update
 Tom Hlavacek, Public Policy Consultant, National Disability Rights Network

9:30 - 10:45 Session 6 – What To Do When Medicaid Relies on Medicare Criteria to Deny Equipment Requests
Lew Golinker, Esq., AT Law Center, Ithaca, NY

Many state Medicaid agencies have started to deny prior approval requests for a range of equipment by referencing Medicare criteria as the basis for the denial. The presenter will provide several concrete examples of these denials and explain the legal basis and possible legal strategy for challenging such action by the Medicaid agency.

10:45 - 11:00 BREAK

11:00 - 12:15 Session 7 - A Year in Review
Jane Perkins, Esq. National Health Law Program; Steven Mendelsohn, Esq., NY, NY

Presenters will discuss some of the hot disability-related issues to emerge in 2007 or expected to be with us in 2008. Highlights include Medicaid-related policy issues, emerging disability-related issues in the criminal justice system, developments in litigation concerning the accessibility of U.S. currency, and developments in litigation related to the accessibility of websites.

12:15 - 1:30 LUNCH

1:30 - 3:00 Session 8 – Reasonable Accommodations in Employment Settings: Obtaining AT Through the Americans with Disabilities Act
Monica Murphy, Esq., Disability Rights Wisconsin; Brian East, Esq., Advocacy, Inc., Austin, TX; and Ronald M. Hager, Esq., National Disability Rights Network

When is it appropriate to ask for an accommodation and how does one ask for it? How does the individual determine what appropriate AT may be needed to perform the job? Must the employer pay for the needed AT or should the individual be prepared to offer one or more alternatives to help pay the costs? Will discuss the legal and practical implications of this interactive process.

3:00 - 3:15 BREAK

3:15 - 4:30 Session 9 – Obtaining AT Through the Department of Veterans Affairs
Diana M. Straube, Esq., and James R. Sheldon, Jr., Esq., National AT Advocacy Project

The VA can provide a range of benefits for veterans and their dependants. Presenters will discuss AT-related benefits available to veterans with disabilities under coverage categories such as durable medical equipment, automobile adaptive equipment, and provisions for adapting or modifying a residence.

Conference Ends – Please Complete Your Evaluations & Pick Up CLE Certificates

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