Supporting the ADA

While we tend to remain focused on the Medicare issues that drive our businesses, it's important to understand the key policy issues that affect our customers. Next, it's important to be an advocate for these issues in local communities and with members of Congress.

Let's take a closer look at one of the key issues disability advocates are working on to ensure appropriate access in the community.

• The ADA Amendments Act of 2008 — On July 31, Sens. Tom Harkin, D-Iowa, and Orin Hatch , R-Utah, introduced the Americans with Disabilities Act (ADA) Amendments Act of 2008 (S. 3406). The House overwhelmingly passed the same bill in June by a 402-17 vote. In a nutshell, the ADA Amendments Act of 2008 would protect people with disabilities and would provide a clear definition of disability under the ADA for employers.

  The bill is supported by over 220 national organizations and many key business associations, including the U.S. Chamber of Commerce, the National Association of Manufacturers, the Society for Human Resource Management and the HR Policy Association. These supporters recognize this legislation will ensure all Americans have a fair opportunity to secure employment.

  Already, there are 64 Senators signed on to the bill, including presidential candidates Sens. John McCain and Barack Obama.

• Vast Changes Proposed to ADA Federal Regulations — The Department of Justice recently issued major proposed revisions to its regulations implementing Titles II and III of the ADA. Some of the DOJ's proposed changes are supported by the disability community, including adoption of stronger hotel reservation and ticketing provisions, recognition of psychiatric service animals, additional companion seating in theaters and stadiums, and stronger provisions for effective communication for people with hearing, visual, and speech disabilities.

  However, there are also many proposed changes that would reduce the rights of people with disabilities, and are therefore opposed by the disability community.

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  One proposal, for example, would effectively lower the requirements for physical access under Title II (state and local governments) and Title III (places of public accommodation). In the case of Title II entities, the proposed regulations would transform the current “program accessibility” standard for physical accessibility into the lower standard of “a reasonable number but at least one.”

  This standard would result in reduced and unequal access for persons with disabilities.