Often t he work of disability rights activists focuses on the the
programatic and policy gaps in existing federal programs.  Some of the
reason why people with disabilities may be underserved by these programs
might be as well the refusal to accommodate people with information access
needs through the blizzard of paperwork.  In the instance below, the State
of California refuses to provide reader assistance to a blind man in
completing forms to receive services in the federally sponsored Medicaid
program.

kelly 


From: Randy Tamez <[log in to unmask]>

Below is a complaint I just filed against the MediCal program for failure to
provide access to the application process.  Anyone experiencing similar
difficulties may consider doing the same.  

Randy



22 February 1999

U. S. Department of Health and Human Services
Office for Civil Rights
50 United Nations Plaza #322
Region IX 
San Francisco CA 94102

Compliance Officer:

I would like to take this opportunity to call to your attention an injustice
that prevails in my life and an injustice that prevails in the lives of
recipients of public services in California and more then likely in the lives
of people with disabilities throughout the United States, an injustice that was
theoretically corrected in law by the passage of the Americans with
Disabilities Act (ADA) of 1990. 
Please accept the following complaint against Santa Clara County, where I have
been trying to apply for MediCal.  This relates to accommodations requested due
to my disability (I have been declared "legally blind" by a
neuro-ophthalmologist at Valley Medical Center in San Jose).
In November 1998, I requested an accommodation to complete the necessary and
required forms in order to receive the benefits and services of this public
program.  This request was made because the forms and information are only
available in print and I can not read print or complete forms without an
accommodation. 
I have been a recipient of MediCal services since my disability, which is now
over 15 years.  I have long since realized that having a visual disability
requires alternative forms of access to printed material.  Examples of
alternative forms of access include a reader, note taker, scribe, or electronic
media.
As you may know, acquiring services from MediCal requires completing many forms
and other paperwork.
Each time I am sent forms to complete by my social worker (a different
individual each year), I request an accommodation to complete them.  Each time
this request is made, the social worker informs me that they do not have the
time to provide personal assistance or that filling out forms is the
responsibility of the individual.  I always explain about my disability and
that printed forms are not accessible.  I explain that the forms are provided
to people who can see, in the format they require.  A sighted person is not
required to provide any auxiliary aid other then a writing instrument.  Why
should a person with a disability be required to provide something other then a
pen?  I asked my current case worker Mr. Leon Athas when we could make an
appointment to complete the forms, but I am told by Mr. Athas this is not an
option.
I asked  Mr. Athas to explain what would happen if the County only provided
Braille in it’s application process.  He told me that if this were the case
most people would have to find a translator to interpret and complete this
information.  I then explained to him that this is exactly what I have to do in
order to fully participate in this public program.  When I finally make enough
noise, then someone at the MediCal office does provide me with assistance.
In November 1998, I again received many forms that needed to be completed.  I
contacted my worker, Mr. Leon Athas (D376), who is located at the San Jose
office on 1005 Timothy Drive.  When I explained my request for an accommodation
and provided him with details about my disability, he again informed me that
providing assistance in completing the forms was not the responsibility of the
MediCal office and that I would have to find someone to help me.  I asked Mr.
Athas who he might suggest I ask.  He did not really know, but he stated I
could ask a friend or relative.  I explained that bringing a friend or relative
was not an appropriate accommodation, I also explained that I had no friends or
relatives that were able to provide me with access to the MediCal program.   I
was told by Mr. Athas that this was an accommodation, but I am choosing not to
avail myself of it.
At this point, I informed Mr. Athas about the Americans with Disabilities Act
(ADA) 28 CFR part 35 Sections 160-164, which requires that public entities must
ensure that all communications that are provided to the public are as effective
to people with disabilities.  The entity must honor the primary request of the
individual, unless it can be demonstrated that an alternative method is as
effective.
This regulation did not seem to change Mr. Athas’ position.  As of today I have
not heard from Mr. Athas on my request for reasonable accommodations.
I assert at this time that the MediCal department is in violation of the ADA
and has been systematically discriminating against people with disabilities.  I
assert that people who have difficulties completing forms because of their
disability have been denied access to the benefits of the MediCal program.
I assert at this time that the Self-Evaluation plan that should have been
completed by 1992 and submitted to the Federal government, did not include a
process to provide access to printed material; or if it did, then the MediCal
office is not adhering to the processes set-up by the self-evaluation.  Also,
there does not seem to be a clear policy that indicates how a person requiring
access to printed material can acquire this accommodation.
I ask you to consider making changes in the training of Social Workers in the
aspects of the ADA, regarding reasonable accommodations.  Also, what are the
rights and responsibilities of MediCal?  It is so frustrating and tiring to
constantly ask for and fight for such a basic right as participating in a
public program.
Thank you for your attention and consideration in this matter.





Respectfully yours,



Randy Tamez

cc:     Senator John Vasconcellos
          Jim Bealle County Supervisor