A win for all NY TBI Waiver Participants

As a result of the relentless pressure brought to bear on the NY State Department of Health by the Kahrmann Advocacy Coalition, several sources across the state this week confirmed that last month the DOH  instituted a form letter that will inform TBI Waiver complainants of the results of their complaints.

The letter will identify the content of the complaint received, the fact the investigation was carried out, whether the complaint was or was not substantiated, and, if substantiated, the steps that were taken as a result. Moreover, if the complaint is about the Regional Resource Development Center – the RRDC is the agency contracted with the DOH to oversee the waiver in regions throughout the state which includes investigating complaints – or the investigation is not within the RRDC’s abilities, the complaint will be forwarded to DOH for investigation. This is a huge win for the advocacy community and for all New Yorkers who live with brain injuries.

KAC members who relentlessly pressured the DOH to institute a policy of informing complainants of the results of their complaints deserve the heartfelt gratitude of all who live with brain injuries and their loved ones. This change would not have come about were it not for their efforts.

It is also very important to make note the following. This confirmed information did not come from Deputy DOH Commissioner Mark Kissinger, nor did it come from anyone in the DOH in Albany. This is important to know for a few reasons.

  • It is very likely the last thing  the DOH in Albany wants to do is give credit to any advocacy group for this policy change.
  • It is very likely the DOH did not publicly announce the change because in doing so they would have to admit their policy of not providing complaint results has been unjust and immoral all along.
  • And just to fire a warning shot across the bow of the good ship DOH, don’t even think about linking this change to the fact the Brain Injury Association of NY State’s contract for answering the complaint line ended as of October 1. BIANYS was never the reason complainants weren’t informed of the results.  The sole responsibility for that inhumane policy rests squarely on the shoulders of the DOH.

The care-less leadership in NYS’s DOH & TBISCC

I think I’ve reached the age where if someone is going to lie to me, the least they could do is make a little effort and be halfway good at it. Bad enough there are irresponsible, unethical people who have power over the lives of others, worse when those people lie and make the rules up as they go along, endangering lives of others in the process.

A November 5 article in the New York Times about the frightening state of affairs in New York State is chilling.  It also accurately reflects the kind of sloppy sub-standard oversight the New York State Department of Health has brought to the state’s Traumatic Brain Injury (TBI) Waiver

It is a well known fact that the DOH refuses to tell people who file complaints related to the TBI Waiver the results of their complaints. They never have. In fact, several Regional Resource Development Specialists, DOH contract employees who oversee the waiver in various regions throughout the state, have told this writer and others they are instructed not to provide the results.  Until recently when their contract to answer the complaint line ended, even the Brain Injury Association of NY State was never informed of the results.

This kind of mangled dysfunction may explain why Deputy DOH Commissioner Mark Kissinger  reminded me last week of the comedian Richard Pryor. Pryor used to tell the story of how his wife caught him in bed with another woman. “You gonna believe me or your lyin’ eyes?!” Pryor exclaimed. And so it was that when last week I emailed Mr. Kissinger asking – again – when the DOH was going to inform complaints of the results of their complaints, he wrote back saying the DOH does inform complainants of the results! Like I said, if someone is going to lie to me the least they could do is make an effort not to sound, well, like a fool. And so, I sent him the dates of complaints I filed in 2010 and 2011 and am still waiting for the results. I would be remiss if I didn’t tell you that a freedom of information request I filed this summer with the DOH asking for the results of my complaints was denied.

And then of course we have the chair of the Traumatic Brain Injury Services Coordinating Council Michael Kaplen who will never remind anyone of Richard Pryor. Kaplen, whose term on the council expired in 2004, still clings to his seat and chairmanship like his life depended on it. His true colors showed during the September 12 council meeting when he  immediately moved to adjourn the meeting  after the council was publicly informed  by this writer that the quality of lives and the lives themselves of waiver participants were at risk because of the DOH. And, when the DOH and New Yorkers with brain injuries could benefit from a TBISCC if it did what its supposed to do, provide proposals to the DOH to better the lives of New Yorkers with brain injuries, Kaplen cancelled the council meeting scheduled for November 15 and provided no follow-up date.

Neither Kaplen nor the DOH will explain the reasons for the cancellation. It has become clear that most if not all council members were given no explanation of the cancellation either.

Let me be clear, the TBI Waiver and the TBISCC are critically important to the lives of New Yorkers with brain injuries. They just need to be run by people who give a damn and who are inclusive in their approach.

Two things: if people suffer and or lose their homes or  lives because of the actions or inactions of the DOH, those in the DOH should be charged, tried, and, if found guilty, jailed. And if the DOH wants to, say, take one small step in the right direction, it might be interested to know that the New York City number it now gives out for the TBI Waiver complaint line belongs to someone who hasn’t worked for them in quite some time. And that’s no lie.

 

Chasing Home

Always for me there is the specter of homelessness. Once you’ve been homeless it is a possibility that lurks in the shadows of life.

Years ago I was homeless for on or about two years and the possibility of finding myself homeless again has  once more raised its head.

Some background. The majority of my homeless days were spent in New York City. I was in my teens. It all happened quickly. My father died on August 16, 1969. I was 15. Sixteen weeks later my mother put me in reform school on a PINS (person in need of supervision) petition. I was released 14 months later to a half way house called the Medgar Evers Boys Residence on East 18th Street. I got into a fight. My mother was called and told there were three options for me: I return home, return to the reform school, or I could, as they said in those days, hit the streets. She told the caller she didn’t want me and hung up. Rather than giving up my freedom I hit the streets. For anyone inclined to throw rocks at this decision, trying life without freedom, then talk to me.

If you’ve ever been homeless you can’t help but believe your ability to keep your home is always at risk. You  feel, to varying degrees, sometimes accurately, sometimes not, that your home, that place of sanctuary that all people deserve, is vulnerable.  And sometimes it is. When you’ve been poor, and I mean poor, you are well aware that any economic comfort you are experiencing could be temporary. Until 2008 when I lost my job because I would not remain silent when people with disabilities – brain injuries in this case – were being denied their rights, including their right to be treated with respect, I could go food shopping at the market and fill my cart without having to think about the cost. There was not a single time I went shopping when I did not consciously remind myself not to take the gift of my food purchasing power for granted because I knew it could come to an end. I never did and it did.

Not surprisingly more than one person said If you’d just kept quiet you wouldn’t have lost your job. True. But, as I explained to them, you can’t on the one hand say you are an advocate for equal rights and then, when the going gets tough, clam up. There are real reasons Dr. Martin Luther King Jr. is one of my heroes and it was King who said: “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.” There is no amount of money in the world, nor is there any threat to my home or my life that will make me fall silent when people are being denied their civil rights, the right to be who they are safely in the world which includes equality by the way. I don’t care if the bigotry comes in the form of racism, anti-Semitism, homophobia, sexism or if it aimed at people with disabilities, and so on. My remaining silent is not on the table.

Being homeless is something you never forget. I remember dumpster diving, although it wasn’t called dumpster diving back then. It was called looking for food to eat. You learned when restaurant’s threw out their food at the end of the day. And if you were a fast runner, and I was, very, you’d wait until the bread trucks dropped brown bags filled with fresh rolls just outside the door of a bakery or deli in the wee hours of the morning, swoop in, grab the bag, and haul ass, usually to deep within some abandoned building where you could chow down with your mates, if you had any. If you had enough loose change you could get a cup of coffee, pick up a couple of cigarette butts from the street, and, in no time at all, you were fully embraced by the comforting albeit inaccurate belief that still-warm rolls and coffee and a good smoke were heaven on earth.

And so now in soon to be 2012 I once again find myself in a precarious position on the keep-a-home-of-my-own front. I must move from where I am as early as April 1 and not later than May 1 of 2012. I am on disability and have a Section 8 Voucher that helps with the rent, though the system, depending on which New York county you’re living in, offers various forms of ruthlessness. Where I am the maximum allowable rent for a one-bedroom for one person is $556 if all utilities are included, which, as we know, is highly unlikely. If utilities are not included then they apply a utility calculation which means you must get a place with a lower rent you’ll need money for the utilities. This makes sense until you learn that your contribution to the rent, which is one-third of your income (I’m fine with that) remains the same. In other words, the rent subsidy gets lowered, and the person on the fixed income’s overhead increases. If you are brazen enough to rent a two-bedroom, the skew the utility figures so the maximum monthly rent you can choose is something like $365!

I’ve already begun looking, the hope being a small house, cottage, mobile home, cabin, with, if I am lucky a washer-drier hook-up and, if I am very lucky, a woodstove. Why these two things? Simple. I can’t afford paying for laundry and the woodstove keeps me going outside and exercising and, frankly, it means less money for oil companies.

However, as you might imagine, the cost of moving and the cost of security in a new place is another ball of wax entirely. If I stay in the county I’m in, there is a chance, though no guarantee, the Department of Social Services will help with security. There is no help with the cost of moving. If I move to another county or to another state, I’ve looked at New Hampshire and Western Massachusetts, it is not likely the welcoming state or county will help with security and moving costs because to take you in in the eyes of those who make the rules (how do you spell 1%?) is something believed to be burdensome. So, if I want to move I’ll need money for security and moving expenses and with many landlords understandably asking for things like first and last month’s rent in addition to security or two months security, that’s quite a vig, and not one I can make on my own. Moreover, neither Section 8 or New York State’s Traumatic Brain Injury Waiver, which I’m on, will help with security or moving costs. We’re talking several thousand dollars I’m sure.

A couple of friends have begun talking about fund raising to help me; the whole of these circumstances makes me want to crawl under the blankets and go to sleep in the hopes that someone will wake me when it’s over. Thank God for my books and my dogs and my friends and thank God for my sobriety.

 

U.S. Sailor shames Oakland Police and the 1%

Every once in awhile each of us is blessed with witnessing a fellow human being displaying so much courage and integrity, so much heart and soul, that our hearts are moved and our eyes wet up and we are reminded that there are many among us who know and believe in freedom and equality, in the right to life, liberty and the pursuit of happiness for all people. All people. Not just the 1%. Today while taking a break from writing I saw a clip of a member of the United States Navy showing what being an American is all about while the Oakland Police, controlled by the 1%, show what being an American is not about.

With rubber bullets and tear gas swirling all around him, this sailor, holding a veterans for peace flag in one hand and the United States Constitution in the other, did not so much as flinch.

Reports on the Web reveal this occurred on October 26; it is chilling that the mainstream news media barely whispered a word of it. But as a recent blog post here pointed out, the mainstream media in this country is run by six corporations: Time Warner, Walt Disney, Viacom, Rupert Murdoch’s News Corp., CBS Corporation and NBC Universal. In 1983 the media was run by 50 corporations. Not the direction a free society wants to be going.

As each day of the Occupy movement passes and the media’s lack of coverage and in some cases, skewed coverage, like that of Fixed News, continues, the real power and patriotic muscle of real Americans becomes more and more evident.

We shall overcome.

Memo to OWS: Occupy Media

Save for foreign publications like The Guardian and some spotty coverage on our side of the pond, the  American media seems to be engaged in a conscious effort to contribute to the stifling of what is essentially a national and increasingly global non-violent human rights movement called Occupy Wall Street. One exception has been Current TV’s Countdown with Keith Olbermann

The sickening truth about the American media would seem surprising until you learn that six corporations control the media, meaning, they are owned by the one percent. The six corporations are: Time Warner, Walt Disney, Viacom, Rupert Murdoch’s News Corp., CBS Corporation and NBC Universal. It is frightening and eye-opening to realize that in 1983 50 corporations ran the media.

The OWS movement is going to be a long one. Given the one-percent’s ruthless hold on power and their willingness to wield that power (note the violent responses by certain law enforcement agencies along with increasing reports that the New York City Police Department is now urging and or transporting mentally ill homeless people and homeless drug users to Zuccotti Park to undermine OWS) it is likely there will be more bloodshed and lives lost.

In my view it is time for OWS to bring its message to the media. Occupy the NY Times, the Daily News, the NY Post, the Washington Post, the LA Times, and more. Occupy CBS, ABC and NBC. Just as it is the government’s job to make sure our system of capitalism is not, as Michael Moore recently pointed out, a rigged game, it is the media’s job to report what is going on in the country. If these folks aren’t doing their  job, then occupy them too.

And yes, We Shall Overcome.