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Resources and References
Document ADA Checklist MEDICAL CARE FACILITIES - Checklist developed by Utah Disability Law Center - federal regs apply in WV. 
Other Topics: Access  Architectural Barriers  Reasonable Accommodation  Health Care 
Contributor: WVDDC
Document ADA Checklist PUBLIC BUILDINGS - Checklist developed by the Utah Disability Law Center - federal regs apply in WV. 
Other Topics: Access  Architectural Barriers  Reasonable Accommodation 
Contributor: WVDDC
Document ADA Checklist RESTAURANTS AND CAFETERIAS - Checklist developed by Utah Disability Law Center - federal regs apply in WV. 
Other Topics: Access  Architectural Barriers  Reasonable Accommodation 
Contributor: WVDDC
Document ADA Checklist Transient Lodging, Hotels - ADA Checklist Transient Lodging, Hotels, Motels, Inns, Boarding Houses, Dormitories and similar facilities developed by Utah Disability Law Center - federal regs apply in WV. 
Other Topics: Access  Architectural Barriers  Reasonable Accommodation 
Contributor: WVDDC
Document ADA Questions and Answers for Health Care Providers - Title III of the Americans with Disabilities Act prohibits discrimination against individuals with disabilities by places of public accommodation. 42 U.S.C. Š 12181 - Š 12189. Private health care providers are considered places of public accommodation. The Department of Justice has issued regulations for the obligations of public accommodations under Title III at 28 C.F.R. Part 36. The Department's Analysis to this regulation is at 56 Fed. Reg. 35544 et seq. (July 26, 1991). This memorandum focuses on the obligations of private health care providers under Title III. Hospitals and other health care facilities that are operated by state or local governments are covered by similar rules under Title II of the ADA. 42 U.S.C. Š121 31 et seq. Most of the questions and answers will provide useful guidance for those providers as well. 
Other Topics: Access  Health Care 
Contributor: WVDDC
Document ADA accessibility requirements with code citations - The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment (title I), State and local government services and transportation (title II), public accommodations (title III), and telecommunications (title IV). This chart summarizes the major accessibility requirements for each title of the ADA and includes references to the applicable regulations. 
Other Topics: Access  Other ADA  Transportation 
Contributor: WVDDC
Document Accommodating people with intellectual disabilities - This paper will tell consumers and those involved in consumers' lives how the ADA may apply to people with a cognitive disability. By "cognitive disability", we mean someone who has difficulty reading, writing and understanding, due to mental retardation, autism, traumatic brain injury, or other disability. Examples based upon real life situations illustrate the kinds of issues and considerations that may be involved with this population. We give examples of reasonable accommodations that employers, businesses and public agencies may need to provide to give people with cognitive disabilities equal opportunities under the law. Reasonable accommodations for a person with a cognitive disability may look quite different than those for a person with a physical disability. 
Other Topics: Access  Reasonable Accommodation  Other ADA  Health Care  Employment 
Contributor: WVDDC
Document Analysis of State Statutes on Advance Directives - There is increasing interest among people with mental illness and their clinicians and service providers that advance health care planning may enable individuals to have greater control of their treatment, may provide important information to guide health care providers to make treatment decisions, may reduce the need for formal court adjudications of treatment, and may reduce the costs associated with involuntary care. Likewise, it has been argued that use of written advance directive instruments may have significant therapeutic value and function as an important "safety valve" for difficult treatment and legal issues. However, advance written health care directives are not without significant limitations and are uniquely products of state law. 
Other Topics: Advance Directives  Mental Health Issues  Health Care 
Contributor: WVDDC
Document Attorneys, Deaf Clients, - Attorneys have responsibilities to provide deaf clients with sign language interpreters and other accommodations that they may need to communicate. A lawyer who fails to communicate effectively with a client is not meeting his or her duty of competent and zealous representation under the Canons of Ethics. Furthermore, attorneys have a statutory duty to provide effective communication to deaf clients under the Americans with Disabilities Act (ADA), which went into effect on January 26, 1991. Title III of the ADA, 42 U.S.C. ŠŠ12181 - 12183,provides people with disabilities the right to equal access to public accommodations. Both Title III of the ADA, and the U.S. Department of Justice regulation pursuant to Title III, 28 C.F.R. Part 36, specifically include the offices of lawyers in the definition of public accommodations. 
Other Topics: Access  Reasonable Accommodation  Assistive Technology 
Contributor: WVDDC
Document Auxiliary Aids at Events - Places of public accommodation are prohibited from discrimination based on disability. This federal mandate is found in Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12181 et seq. (Title III). Companies or organizations which lease space in places of public accommodation for events, conferences, seminars or meetings must make sure those activities are accessible to persons with disabilities. In addition to physical access for persons with limited mobility, the ADA requires such organizations to provide auxiliary aids to enable persons who are deaf and hard-of-hearing to communicate effectively and to benefit from those meetings. 
Other Topics: Access  Assistive Technology 
Contributor: WVDDC
Document Directions for filing a WVHRC complaint - public accommodations
Other Topics: Self Advocacy Tools 
Contributor: WVDDC
Document Disability Rights in Housing - Regardless of whether you live in private or public housing, Federal laws provide the rights to persons with disabilities. This document discusses those rights. 
Other Topics: Fair Housing  Self Advocacy Tools 
Contributor: WVDDC
Document Discrimination in access to services - The Rehabilitation Act of 1973, with its amendments, is a major federal civil rights law against discrimination based on physical or mental disabilities. Section 504 of the Act prohibits discrimination against persons with disabilities in employment, education, and in access to a variety of services. This handout applies only to discrimination in access to services 
Other Topics: Rehab Act 
Contributor: WVDDC
Document Emergency Department Treatment of the Psychiatric Patient - A discussion of the legal requirements and policy discussions for the treatment of individuals with mental illness in emergency rooms. 
Other Topics: Health  Mental Health Issues 
Contributor: WVDDC
Document FAQ - Employment and Mental Illness - Frequently asked questions about protections against employment discrimination and people with mental illness.  
Other Topics: Mental Health Issues  Other ADA 
Contributor: WVDDC
Document Fair Housing Information Sheets - The Bazelon Center for Mental Health Law has put together a series of "Information Sheets." They are intended to help tenants, advocates and landlords to fight and prevent housing discimination against people with disabilities. Click here to link to the Information Sheets on the Bazelon web site.  
Other Topics: Federal Fair Housing Act  Fair Housing 
Document Fair housing and reasonable accommodations in terms of “no pets” policies - Under the 1988 amendments to the Fair Housing Act, landlords, condominium associations, and other housing providers are prohibited “from discriminating against applicants or residents because of their disability or the disability of anyone associated with them and from treating persons with disabilities less favorably than others because of their disability.” The Act prohibits discrimination against individuals with disabilities by preventing housing providers from refusing “to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.” Significantly, housing providers must make reasonable accommodations in terms of “no pets” policies to let disabled individuals have service animals. 
Other Topics: Fair Housing  Rehab Act 
Contributor: WVDDC
Document HCB Waiver Service Coordination Home and Day Visit Guidelines - Role of MR/DD Service Coordinator Federal Waiver program administrators require a monthly home visit for each participant of the Title XIX MR/DD HCB Waiver program. The frequency of visits stems from the need to ensure the service coordinator has ample opportunity to provide timely service and fulfill obligations. 
Contributor: WVDDC
Document Home Community Based Waivers Service Definitions
Contributor: WVDDC
Document Hotels and Deaf Access - Hotels and motels, like other places of public accommodation, must be accessible to individuals with disabilities, pursuant to Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101-12213. The ADA applies to all inns, hotels, motels or other places of lodging, except buildings in which the owner lives that contain not more than five rooms for rent. 
Other Topics: Access  Assistive Technology 
Contributor: WVDDC
Document How to file an Olmstead grievance
Other Topics: Self Advocacy Tools 
Contributor: WVDDC
Document Information about WV DHHR Ombudsman - Includes information about how to file a complaint. 
Other Topics: Self Advocacy Tools 
Contributor: WVDDC
Document Information about WV Olmstead activities - The Governor of West Virginia directed the establishment of an Olmstead Coordinator to oversee the development, implementation and monitoring of West Virginia’s Olmstead activities. The Secretary of the Department of Health & Human Resources designated the duties of the Olmstead Coordinator to be located within the Office of the Ombudsman for Behavioral Health. 
Contributor: WVDDC
Document Instructions for filing an employment complaint with the WVHRC - WV Human Rights Commission 
Other Topics: Self Advocacy Tools 
Contributor: WVDDC
Document MR/DD CRISIS RESPITE - A desk reference 
Contributor: WVDDC
Document Manual - Fair Housing Laws for People With Disabilities - Comprehensive 58 page manual to explain how Fair Housing laws protect people with disabilities, when dealing with emergency shelter programs and with transitional housing programs. Written in California, it covers both federal law (which will apply in WV) and California law (which will not apply in WV).  
Other Topics: Americans with Disabilities Act  Federal Fair Housing Act  Homelessness  Fair Housing 
Document Olmstead Fact sheet - This paper is to help people understand the landmark U.S. Supreme Court decision in the case of Olmstead v. L.C. This paper will discuss the critical components influencing the decision 
Other Topics: Facility Based Services  Americans with Disabilities Act 
Contributor: WVDDC
Document Police and Law Enforcement Responsibilities to Deaf - State and local law enforcement agencies have a federal mandate to ensure adequate and appropriate communication with deaf and hard-of-hearing persons. Without effective communication in dealing with law enforcement personnel, serious violations of constitutional and civil rights can occur. Whether a sign language interpreter or other auxiliary aid is required depends on the type of communication and the needs of the deaf or hard of hearing individual. But even if an interpreter is not required, police officers should take other steps to ensure effective communication, such as writing information and making other accommodations in their usual practices. This mandate is found in two federal laws protecting the rights of individuals with disabilities. 
Other Topics: Access  Rehab Act 
Contributor: WVDDC
Document Progress Since Olmstead - How Is Your State Doing? - The Court wrote that "institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." In the decision, the Court noted that a State's efforts should "not be controlled by the State's endeavors to keep its institutions fully populated." How much progress has been made in your state between the 1999 Olmstead decision and FY 2006 (the last year for which we have data) regarding people in nursing homes? 
Other Topics: Americans with Disabilities Act  Facility Based Services 
Contributor: WVDDC
Document Report on Litigation on Community Services for People with Disabilities - Many lawsuits challenge state policies that limit access to Medicaid home and community services. Others aim at securing community services in the most integrated setting for institutionalized persons as provided by the Americans with Disabilities Act (ADA). Still others challenge state policies that prevent individuals with disabilities from accessing the full range of community services. This periodic report tracks the status of lawsuits that revolve around home and community services for people with disabilities. We caution that the report is not necessarily inclusive of all lawsuits in this arena. 
Other Topics: Mental Health Issues  Health Care 
Contributor: WVDDC
Document Responsibilities of State and Local - Deaf and hard of hearing people are entitled to effective communication with state and local government agencies. Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. ŠŠ12131-12134, forbids discrimination by any public entity. This federal law applies to all types of state and local government agencies, including courts, schools, social service agencies, legislatures, commissions and councils, recreational facilities, libraries, and state/county/city departments and agencies of all kinds. It applies to activities that are administered directly by government agencies, and to activities that are carried out by private subcontractors.  
Other Topics: Architectural Barriers  Access 
Contributor: WVDDC
Document Section 502 of the Rehab Act - Architectural and Transportat - Section 502 is part of the federal Rehabilitation Act passed in 1973. Congress intended to protect the civil rights of persons with disabilities by removing architectural, transportation and communication barriers. Under Section 502, people with disabilities can participate in the same services and programs as other people. 
Other Topics: Assistive Technology  Rehab Act 
Contributor: WVDDC
Document Service Coordination Presentation - Information about Title 19 waiver manual section 507.3 titled SERVICE COORDINATION  
Contributor: WVDDC
Document THE IMPACT OF THE BUCKHANNON DECISION FIVE YEARS LATER - PREPARED BY THE DISABILITIES LAW PROJECT AND THE BAZELON CENTER FOR MENTAL HEALTH LAW 
Other Topics: Americans with Disabilities Act 
Contributor: WVDDC
Document Veteran Benefits - A summary of benefits for veterans. 
Other Topics: Veterans/Military 
Contributor: WVDDC
Document WV Olmstead Brochure
Contributor: WVDDC
Document WVCSR §192-01 - Fees for Qualified Interpreters - This legislative rule establishes fees for the services of qualified interpreters for a deaf person in certain legal proceedings. 
Other Topics: Assistive Technology 
Contributor: WVDDC
Document Waiver Program for persons with MR DD Manual - The West Virginia (WV) Medicaid Program offers a comprehensive scope of medically necessary medical and mental health services to diagnose and treat eligible members. Covered and authorized services must be rendered by enrolled providers within the scope of their license and in accordance with all state and federal requirements. Any service, procedure, item, or situation not discussed in the manual must be presumed non-covered unless informed in writing otherwise by the Bureau for Medical Services (BMS). 
Contributor: WVDDC
Document West Virginia Olmstead Resouces - Website operated by the Olmstead Coordinator Office of the Ombudsman for Behavioral Health  
Other Topics: Other ADA 
Contributor: WVDDC
 
Forms
Document EMPLOYMENT INFORMATION BACKGROUND FORM - Complaint form for filing a complaint with the WV Human Rights Commission 
Other Topics: Self Advocacy Tools 
Contributor: WVDDC
Document Form for Filing Grievance with Ombudsman
Other Topics: Self Advocacy Tools 
Contributor: WVDDC
Document PUBLIC ACCOMMODATION COMPLAINT INFORMATION BACKGROUND FORM - STATE OF WEST VIRGINIA HUMAN RIGHTS COMMISSION 
Other Topics: Self Advocacy Tools 
Contributor: WVDDC

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