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SPRING NEWSLETTER
In This Issue
Fair Housing
Meds at School
The Scenic Route
Medicaid Expansion
and Justice for All
Good Fences
Fair Housing—Something to Celebrate In April, we celebrated Fair Housing Month. Equitable treatment in housing certainly
is cause to celebrate. Unfortunately, the DLC’s Fair Housing program is finding sig-
nificant evidence of disability-related discrimination. Discrimination is often difficult
to detect and even harder to prove. When applying for housing, protected classes
often don’t know if they are being treated like everyone else. In December 2013, the
DLC became the designated fair housing enforcement agency in Utah. This new role
is thanks to a three-year grant from the U.S. Department of Housing and Urban De-
velopment. It strengthens enforcement of the federal and state Fair Housing Acts
through investigation and testing of alleged discriminatory housing practices. The
funds are also used to educate housing providers, local governments, and potential
victims about their rights and responsibilities under the Fair Housing Act.
2014
The DLC has conducted 104 tests related to disability and accommodations since the program began in 2012.
Our goal is to conduct at least 150 tests in 2014. Trained testers pose as housing applicants and record the re-
sponses they get to various requests. When testers with similar profiles ask about housing and the person with
a disability experiences barriers, it indicates discrimination. So far, the DLC has found that in 50% of the disabil-
ity-related tests there was some form of discrimination. Testing is used to help obtain justice for victims of hous-
ing discrimination, and to prevent discrimination in the first place. The DLC works with landlords to educate them
about Fair Housing practices. We have also filed 11 complaints with the Utah Anti-Discrimination and Labor Divi-
sion (UALD) and 2 complaints with the office of Housing and Urban Development (HUD)
Another big change - our fair housing pro-
gram is now open to all protected clas-
ses. The Fair Housing Act protects peo-
ple from housing discrimination based on
their race, color, sex, religion, national
origin, family status, or disability. (The
Utah Fair Housing Act also protects
against source of income discrimination.)
The DLC is now conducting tests to un-
cover housing discrimination against all of
these protected classes. We will also
handle individual complaints of those who
know they’ve been victimized.
Do you think you’ve experienced
housing discrimination? Call the
DLC today!
Ask the Advocate
Question:
My son Casey is in kindergarten. This year he was diagnosed with
Type 1 Diabetes. We’ve been getting by with administering his insulin
before and after his half-day of school. The teacher is supposed to
check his insulin level each day. One day Casey was feeling ill and
let the substitute teacher know that he needed to eat. She directed
him to return to his seat saying, “You’ll be out of school soon and can
go home to eat lunch.” Soon, his insulin level became dangerously
low. After this and other experiences, I’m worried about next year.
I’m teaching him to administer his own medication, but, he can’t calcu-
late the dosage yet. Because there’s no school nurse, the teacher
suggested that I could come and volunteer at the school all day so
that I can monitor and administer Casey’s insulin. This doesn’t seem
right. What is the school’s responsibility in this situation?
Answer:
You’re instincts are correct. There’s more the school can do. When it comes to students that need medication
at school, there are federal and state laws as well as school policies that may affect your child. There are some
general considerations that relate to any student who needs medication at school. Go to the Education Re-
sources section of the DLC’s website to learn more.
There are two Utah laws that apply to children with diabetes. The first allows schools to train persons other than
school nurses to administer glucagon to children with diabetes. Parents (or guardians) of a student with diabe-
tes must provide the school with a form that authorizes the school to give glucagon to their child. You can find
the form on the Utah Department of Health website at: http://health.utah.gov/diabetes/pdf/glucagonbill/
glucagonquthorizationform.pdf.
Something else to consider as Casey gets older is a Utah statute that allows a student who has diabetes to car-
ry their own diabetes medications and supplies, if certain conditions are met. First, the parents must authorize it
and acknowledge that he/she is capable of appropriately using them. Second, the child’s health care provider
must provide the school with a written statement that says it is medically appropriate for the student to self-
administer his or her diabetes medication.
Note: If your child is not able to monitor his diabetes or administer
his own medications safely, you must ask for a health care plan to en-
sure that an adult at the school will assist your child. All children with
diabetes probably need a health care plan for school, regardless of
whether they can manage their diabetes independently.. The school
needs to understand the child’s condition and be prepared to respond in
the event of an emergency.
Our “Ask the Advocate” column is intended to give general information and should not be considered legal ad-
vice. If you need assistance, please call the DLC at 1-800-662-9080.
In Utah about 2,255
school-age children
have diabetes.
Erin Hough, DLC Advocate
The Scenic Route: Open doors in Cache Valley
Businesses in Cache Valley are becoming friendlier towards customers with disabilities thanks to the new “Open
Access” program. The voluntary program engages people knowledgeable about accessible shopping and dining
with business owners who want every customer to have an enjoyable experience. Kurt Smith, a co-owner of Ed-
wards Furniture in Logan, recently participated in the program. “It makes business sense to be more accessible to
people” Smith said. “Also, you do it just because you want to. Providing access is a friendly thing”.
It started when Bear River Association of Governments invit-
ed professionals in the fields of human services and trans-
portation to develop solutions together for the kind of trans-
portation problems that are common in rural Utah. Sheri
Newton, DLC Advocate, joined the group. The Regional Ac-
cess and Mobility Council set to work to sustain and improve
transportation options for underserved populations in Rich,
Cache and Box Elder Counties.
The group soon became enthusiastic about overcoming more than the typical transportation issues. They wanted
to make sure that everyone has access to the charming shops and restaurants in Cache Valley. Now, businesses
are inviting trained volunteers to visit. They assess the business and provide answers to these questions: 1) Is the
business physically accessible? 2) Are the staff trained to assist people with disabilities? 3) Can you get there us-
ing public transportation? 4) Is it bicycle friendly?
Following the assessment and a review, qualified businesses are award-
ed decals in each of the four areas. With the decals posted at the en-
trance, customers know that the establishment practices “Open Access”.
Businesses that have participated so far praise the experience. Smith
had this to say about Don Toone, the volunteer that worked with Ed-
ward’s Furniture on access issues. “He just had this very, very friendly
approach that said that ‘we realize that some of these things are going to
cost you money, and we want to keep that at a minimum….here’s a lot of
little things you can do that are really helpful,‘”. He said that the interac-
tion with Toone “was just like an old friend coming in and viewing my
business through other eyes, and that’s always pleasant too. What we’re
doing here just seems more grass roots; it’s not a government saying you
have to do this. It’s just some people that are making some very nice
suggestions, and doing it in a very nice way.”
“You just do it because you want to. Providing access is a friendly thing.”
- Kurt Smith
Cookies, And Justice for All, and Love UT Give UT! Love UT Give UT is a 24 hour online day of giving by Utah residents to the non-profit of their choice. On March 20, 2014, “and Justice for all” (AJ4A) raised $18,404, from 277 donors, in support of the DLC, Utah Legal Services, and the Legal Aid Society of Salt Lake. This represents a 200% increase in the amount donated and a 150% increase in the number of donors compared to last year. AJ4A also ranked second in the amount given and fourth in number of unique donors among large nonprofits. Thanks to your generosity, the DLC and our partners will be able to provide legal assistance to even more disadvantaged Utahns across the state this year.
While doubling our total is certainly exciting, we don't intend to finish second to anyone next year. Those diabolically adorable Girl Scouts better watch out. We’re hungry for their record and their cookies.
Medicaid Expansion Update
Over the past year there has been so much done to study the different options Utah has for expanding Medi-
caid. We’ve had the Governor’s Workgroup, the Health Reform Taskforce, and the Public Consulting
Group research the issue and recommend solutions for closing the 57,000-person coverage gap. Around half
the Utahns who fall in the gap are working. Unfortunately, they make too much to qualify for Medicaid and too
little to qualify for a subsidy through the health insurance marketplace. About 30-40% of them also need mental
health and/or substance use treatment. Sadly, providers, including community mental health centers, are able
to see fewer clients without Medicaid or private insurance.
Despite all the information, Utah lawmakers still haven't decided whether to expand Medicaid. We had a rocky
2014 legislative session - different proposals were made, but no plan was passed. Even so, we're in a better
position this year compared to last. The governor has a plan he shared with officials from the U. S. Department
of Health and Human Services this week.
While there may be a special session this summer, it continues to look like Medicaid expansion will be an uphill
fight at the legislature. That’s why it’s critical to contact your legislators now. They need to understand what’s at
stake. They need to know why access to quality, affordable healthcare matters to you, your friends, and your
loved ones. At the same time, it's important to begin educating legislative candidates. If elected, they'll be the
ones determining the course and success of any future program.
What else can I do?
1. Share your story. Call 801-433-2299 ext. 8 or e-mail [email protected].
2. Come to a meeting
1st Wednesday of the Month: Health Care Round Table, 1:15-2:15 at the American Cancer Society
(941 E 3300 S, SLC UT 84106)
3rd Wednesday of the Month: Health Care Round Table 1:15-2:15 in the Olmsted Room, Senate
Building (UT Capitol)
2nd Thursday of the Month: Utahns for Medicaid Expansion Coalition Meeting, 3:30-4:30 at the
Catholic Diocese of Salt Lake (27 C Street, SLC UT 84103)
3. Get more information: Call the Utah Health Policy Project at 801-433-2299 ext. 8 or
email [email protected]
Good Fences...
It’s been said, “Good fences make good neighbors”.
That may be true for some. Sadly, when the Smith’s
built a fence to protect their son from harassment and
other dangers, they found themselves the victim of an-
other kind of bully, the HOA.
Find out what the DLC did to protect the family and re-
store peaceful enjoyment of their home.
Watch the video at: https://www.youtube.com/watch?v=nnl_OO-e2xA
Disability Law Center 205 North 400 West, Salt Lake City, Utah 84105
800-662-9090