The Equal Employment Opportunity Commission (EEOC) recently issues its final revised Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, along with accompanying interpretive guidance. These final Regulations interpret the Americans with Disabilities Act of 2008 (ADAAA), which was originally signed into law by President George W. Bush on September 25, 2008, and went into effect January 1, 2009.
The EEOC's Regulations, along with other resources, took effect on May 24, 2011. We encourage you to view an Advisory explaining how these Regulations change the ADA landscape. To learn more about the value of HELPLINE and how to enroll, please talk to your agent and visit the website. Clients already enrolled in HELPLINE can view this month's Question of the Month and ask specific HR risk management and employment law questions directly to attorneys through the HELPLINE website. For access codes, please contact the HELPLINE toll-free at (877) 568-6655. For information on coverage relating to ADAAA services, visit our site and check back on our blog.
The greater New York, Los Angeles, Chicago, Cleveland, Philadelphia and Boston metropolitan areas are among the 10 best places in America to live for people who have autism, according to the results of an online survey released earlier this year by Autism Speaks, the world's largest autism science and advocacy organization. Northern New Jersey, Minneapolis/St. Paul, Seattle and Milwaukee are also among the top 10 listed. The survey also found that nearly 75% of respondents were not satisfied with their community's resources and services for people with autism. Among the states faring worst in the survey, in terms of the percentage of negative responses from that state, were Texas, Virginia, Tennessee, Ohio, Florida, Michigan and California.
For those who responded positively that they are generally happy with the availability of services and resources where they live, many cited satisfaction with the educational services their child receives, proximity to outside services, flexible employer policies, access to clinical/medical care and recreational opportunities as key attributes. Conversely, those who were unhappy about their community's resources reported, by very large margins, having to travel considerable distances (over an hour) for treatments and services, said medical services were difficult to come by, and noted that few, if any, recreational services were available locally. Across the board, respite services were lacking in all areas. More than 800 members of the autism community in 48 states and the District of Columbia participated in the survey. For more, visit Autism Speaks.
A new report prepared by the World Health Organization and the World Bank states that approximately 15 percent of the world’s population – about 785 million people – suffers from some type of substantial physical or mental disability, The Washington Post reported. The disabilities range from mental retardation to chronic pain to mental illness and the report, which was released by the United Nations, found that these problems are more widespread in low-income countries, as they become worse with poverty. As incidence of disability increases, it becomes more and more important to have established programs in place to assist those struggling with various mental and physical challenges. To learn more, visit the World Health Organization at http://www.who.int/en/.
Developmental disabilities are a diverse group of severe chronic conditions that are due to mental and/or physical impairments. People with developmental disabilities have problems with major life activities such as language, mobility, learning, self-help, and independent living. Developmental disabilities begin anytime during development up to 22 years of age and usually last throughout a person’s lifetime.
MRDD or MR/DD, short for Mental Retardation and Developmental Disabilities, refers to services designed to assist mentally and developmentally challenged people and their families. In the United States, this term is used by state and local government agencies that receive federal funding under Title XIX of the Social Security Act of 1965.
The State of Ohio created county boards of mental retardation in 1967 with the passage of Ohio Amended Senate Bill 169. The county boards became known as “169 Boards.” When the first Board was installed in 1967, it continued to contract with the Hamilton County Welfare Department (HCWD) to provide the same services the department had provided for several years. In 1971, however, the Board began initiating and administering its own programs. In 1980 the scope of county boards was broadened through passage of Amended Substitute Senate Bill 160, which updated and clarified the duties and responsibilities of the county boards, and added developmental disabilities to the Board’s title. The growth of programs, both in size and numbers, has been phenomenal.
The Arc of the United States is the world's largest grassroots organization serving people with intellectual and developmental disabilities. The organization was originally founded in the 1950s by parents of individuals with developmental disabilities. It was originally called the Association of Retarded Children, but it has since expanded its function and subsequently changed its name. Since its origination, the organization has established state chapters in 39 states, with 730 local chapters in states across the country. The Arc of the United States is based in Washington D.C. The mission of The Arc is to “promote and protect the human rights of people with intellectual and developmental disabilities and actively support their full inclusion and participation in the community throughout their lifetimes.”
After exploring many pertinent topics and risks in the field of Care Providers Services, we'd like to share some of our most popular blogs with you:
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The Arc is an organization dedicated to enriching the lives of those with intellectual and/or developmental disabilities. Those with disabilities are often misunderstood or ostracized - the presence of Arc programs in society provides an outlet for healthy and positive development for all. But these organizations also meet with a unique series of challenges. Operating procedures must be finely tuned to provide appropriate care and safety for everyone in the program. At the same time, liability must be managed for such an organization to continue operating. Therein lies the challenge. Numerous risks and exposures plague such a noble industry, but given a comprehensive approach and a practiced hand, any well-run organization can weather the inevitable. These risks include:
- Sexual Abuse
- Directors & Officers Liability
- Professional Liability
- Workers' Compensation
- General Liability
- Automobile Liability
- Accident Coverage
- Employment Practices Liability