WATA Bulletin

Spring 1997

Legislative & Policy Report

Frances E. Pennell
Policy, Funding & Systems Change Specialist

As this newsletter goes to press, the State Legislature is in the home stretch of a lengthy session in which it considered a number of bills of interest to users of assistive technology. WATA's primary focus this year was on House Bill 1573, the "Assistive Technology for Kids" Bill. The Bill, sponsored by Representative Jim Dunn and 18 other legislators, authorizes school districts and other educational agencies to sell, transfer or lease assistive technology purchased for students with disabilities to the student or his parents or other nonprofit or public agencies serving people with disabilities without first declaring that equipment to be "surplus." Assistive technology purchased for a child with a disability is owned by the school district. Until now, schools could not dispose of such equipment unless they declared the equipment to be surplus -- meaning that the district had to place a notice in the newspaper, wait 30 days and meet other state and local requirements. As a result, it was nearly impossible for students who moved from one district to another or who graduated to take their assistive technology with them. HB 1573 will allow schools to sell a child's AT to a new district, to the Division of Vocational Rehabilitation or to the child or his parents without first declaring the equipment to be surplus. This should make the transition process easier both for the child and the agencies that serve that child. HB 1573 also requires school districts to maintain assistive technology inventories and authorizes educational programs and other state agencies (including the Division of Vocational Rehabilitation) to enter into inter-agency cooperative agreements for the provision of assistive technology.

Other bills of interest which had passed both Houses as of mid-April include:

SSB 5715 - which will require a physician's prescription for all orthotic and prosthetic devices and will further require manufacturers of orthotic and prosthetic devices to be licensed as of December 1, 1988. The Secretary of the Department of Health may waive education, training and examination requirements for individuals who have been in practice at least five years.

SHB 1491 - which will extend the protections of the Law Against Discrimination (RCW 49. 60) to persons with physical, mental or sensory disabilities who use a "trained service animal." Under current law, such protections are available only to persons who use "guide dogs."

House Bill 1588 - which will exempt services relating to hearing instruments (e.g., maintenance, repair) from state sales and use taxes. The law currently exempts hearing instruments but not related services.

Other bills still being considered as this newsletter goes to press include:

2SHB 2110 - which would require school districts to identify, and report to their ESD's, the names of students who are visually impaired or those who are hearing impaired. With the parent's permission, the ESD is obligated to contact relevant service agencies with these names.

HB2018 - which would change the current requirement that individual health insurance policies cover all pre-existing conditions after a three month waiting period. Unlimited coverage for preexisting conditions would only be required for policies purchased during July and/or August of each year. The Bill also would give the Health Care Authority responsibility for developing rules regulating insurance company grievance procedures.

2SHB1303 - which would allow schools to petition their local school districts to waive state instructional and education requirements.

SSB 5332 - which would limit expansion of the Department of Information Services' Washington Information Network (WIN) kiosk system (no expansion in the Senate version and expansion only in counties with less than 100,000 in population in the House version. Both the Lowry and Locke Budgets also directed DIS to spend $600,000 from program income to modify the kiosks to make them accessible to people with disabilities; a similar directive is in the House but not the Senate Budgets.

Bills of interest that died include:

House Bill 2004 - which would have eliminated the sales tax on vehicle modifications and related services and on medical equipment used at home.

SB5675 - which would have added rehabilitation services to the list of services authorized to be provided under the Basic Health Plan.

Look for these issues to resurface again next year!

New On-Line AT Exchange!

WATA announces the release of the new Assistive Technology Electronic Marketplace (AT-Exchange). The AT-Exchange is an on-line forum for the exchange, sale, and donation of assistive technology devices.

The purpose of the marketplace is to link a person or an agency that has an assistive technology device which they no longer need with a person who can use it to increase their independence, quality of life and/or level of participation in work, school, home, and recreation. The AT-Exchange allows people to post items they are searching for, as well as items that they are giving away or selling. It also allows users to search and view the items posted to the database.

The AT-Exchange is fully accessible to text-based browsers. If you do not have access to a computer and wish to post or search for an item on the AT-Exchange, please contact the Assistive Technology Resource Center at 800-841-8345. They will search for an item or post one for you and collect any responses; then and send them to you in whatever format you wish.

Click here to visit the AT-Exchange

Did You Know...?

WATA makes it easier for people with disabilities of any age to obtain assistive technology to live, work and play. Here is how it happens.

Customers contact the statewide toll-free information and referral system located at Easter seals in Spokane by phone, e-mail, fax and in person to: Learn about the benefits and limitations of assistive technology; Explore options for devices and services to meet specific needs; Connect with local resources (when available) for consultation, hands-on device demonstrations, training etc; Identify funding options and receive consultation regarding eligibility criteria and procedures. This may include: consultation on education or rehabilitation service plans; assistance with justification letters for Medicaid or insurance, etc.

Our customers are people with disabilities, their families, caregivers, employers, teachers, health care, social service providers and others. We follow customers through the process, and when problems occur we're there to help.

Unfortunately, many people experience considerable difficulties when trying to obtain assistive technology devices and services. For example: a school may refuse to provide an AT assessment for a child; medical insurance may refuse to fund AT such as communication devices or power wheelchairs arguing that they are not medically necessary; Medicaid may deny funding for wheelchair repairs; or Division of Vocational Rehabilitation (DVR) may not provide AT devices or services unless you have a firm job offer. WATA provides consultation, advocacy, and legal representation for assistive technology issues through WA Protection and Advocacy System (WPAS). Customers are referred from the I&R system or may contact WPAS directly.

We analyze the collective experiences of our customers to identify barriers and to shape WATA involvement in policy development and legislation. The WATA Director and the UW AT Resource Center are working on initiatives to address policy issues in insurance, Medicaid, special education, vocational rehabilitation, and state government.

So, when you contact the WATA information and referral system the benefits work both ways. You get information about AT and referral to other resources and your contact helps us identify issues and barriers affecting delivery of AT devices and services. Together we can change the system to make it easier for people with disabilities to obtain assistive technology to live, work and play.

Calendar of Events

DEW-IT Conference, May 13, 1997, 9:00-4:30 PM, Spokane, WA

Disabled Employees of Washington Information & Training Conference for Eastern Washington. Conference for state employees on reasonable accommodation. Invited speaker is Adele Rapport, U.S. Attorney and experienced ADA litigator., Deaconess Health & Education Center, West 910 - 5th Avenue, Spokane. To register and for more information, call Sue Ammeter at (360) 664-3685 or (360) 753-4107 (TTY).

Workshop on Universal Design, May 28, 1997, Lacey, WA

This workshop is for WA State employees. To register and for more information, call Sue Ammeter at (360) 664-3685 or (360) 753-4107 (TTY).

Mission Possible! Building Bridges with Assistive Technology, May 29 - 31, 1997, Denver, CO

50+ workshops featuring national, regional and local AT specialists, hands-on technology opportunities, networking, and state-of-the-art technology exhibits. For additional information contact: Winter Group, (303) 778-0866 (V) / (303) 534-1063 (TTY) or e-mail: WinterL@aol.com