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October 4, 2000

The committee met in the CBA office. In attendance were Michael Breeskin, Liz Giordano, Mary Helen Miller, Robert D. Miller, Melanie Segal and Mike Serruto..

 

As our fearless leader, Mr. Kevin Williams was unfortunately precluded from joining us, there was no agenda for this meeting, and as such, not much discussed.

Mike Serruto discussed his findings about TWIA and Project WIN. It was also noted that Medicaid can still be taken away, even if a recipient is not on SSI. The task force is not a governors, a long bill set it up. They refer to themselves as the 50B taskforce. Their mission is to file a report to go to Hewey (once again, I apologize for spelling errors) dealing with the buy-in part of the legislation. TWIA became effective 10/1/00. The task force will file a report in draft and deadline by the 15th. The bill has the potential to create Medicaid coverage through a buy in. The concern is can you add Medicaid recipients and keep budget neutrality? This program is different from the waiver program. D1 is the pilot program in Colorado. This will be going up for public comment in draft form (www.chcpfs.state.co.us) after the 15th. Mike will pull it off before our next meeting. TWIA will be implemented in three flights; it is unknown which Colorado will be in.

Mike had a difficult time getting a straight answer, so Kevin, talk to Julie!

How TWIA will get implemented will feed off of the present reimbursement scheme. SS kicks back part of funds from people leaving SSI and SSDI will be the money that funds TWIA. When people go back to work, they will use employers insurance and buy in on a sliding scale for that which is not covered.

Project WIN website: uchs.edu For states implementing TWIA or predecessor, spiconnect.org;

A question arose as to the committee's position on the Knapp case. The general consensus was that there was no way for this committee to deal with this case at this time in terms of a request for relief. A suggestion was made that Dr. Ruth Ryan be contacted as a good resource for fashioning remedies in this case.

The golf case surrounding Casey Martin was discussed as a possible issue that this committee may want to involve itself with. The committee concluded that we do not have the time or commitment necessary to file amicus briefs. It was pointed out that due to the high briefing schedule, us filing an amicus brief would probably only be helpful at the appellate level. Furthermore, our committee is composed of lawyers on both sides, thus making a consensus a mere impossibility.

Dr. Steve Rosenberg of UCHSC ran a survey of parents with developmental disabilities and 50% reported that they were afraid their parental rights were in jeopardy. He asked this committee for any help in getting resources or advice for these parents. The referrals that were suggested were Shiela Gutterman of the Family Law Section, Ruth Ryan of the Community Circle, and Kristin Cutts. I apologize for spelling errors. It was suggested that although giving the child to the non-disabled parent may be a violation of the ADA, it has been decided that a judge used the best interest standard to trump the ADA. However, a more substantial argument could be devised under the ADA.

There will be a half day CLE in December concerning pre-employment screening. The bar CLE will do all that they can to help us prepare for any CLE we are interested in hosting. Their number is 303-824-5370.

Good news per Mary Helen Miller: the Colorado Court of Appeals affirmed a case about reasonable accommodation and awarded $150,000 compensatory and punitive damages plus attorneys fees. (Boulder Meadows v. Barbara Seville.