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Mr. OWENS. Thank you. Ms. Barbara Johnson.

STATEMENT OF BARBARA JOHNSON, ORONO, ME

Ms. JOHNSON. Thank you, Mr. Chairman. I am going to cite problems with the availability of the insurance in this country, the criteria having come from the U.S. Insurance Manual. And, hopefully, I will have time to give examples from my own life.

The first type of availability problem with insurance involves new kinds of risk. The tradition of American insurance is to view new risk with suspicion, pending the gathering and the analysis of pertinent loss data. As a result, coverage is usually very slow in forthcoming if it is offered at all.

The second type of availability problem is closely related to the first and involves situations where a currently insured peril becomes unpredictable in character and catastrophic in its consequences. In this instance, insurers are prone to not only withhold coverage, but actually withdraw existing coverage. Should no alternative source of coverage exist, a major availability problem will arise.

A third instance in which availability of insurance becomes an issue is when an insurer sees a particular group of insureds as consistently costing more in claims than they are paying out in premiums. In these cases, the insurer may choose to either limit or restrict the type of coverage or the amount of coverage available to the insured.

I myself was a product of Blue Cross-Blue Shield failure on several occasions. I suffered from seizures for several years. The seizures were under control, but I lost my Blue Cross-Blue Shield when I was hospitalized with a reoccurring attack because they called it a preexisting condition. I am getting sick of the word, "preexisting condition."

Today, I am a coordinator for the Maine Independent Living Center and I cannot afford to take out insurance because of preexisting conditions. And I had the inability to get insurance when I left the State hospital after 20 years because, again, preexisting conditions and too much medication.

Then I had brain surgery. I had a bilateral lobotomy in 1960 and my insurance bill for the surgery was astronomical. My father's business was attached and he was forced to sell to pay my bills and I was over 18 years of age. I was actually over 21. And he was forced to sell his business to pay my bills because Blue Cross said I had a preexisting condition. And now, I have had four-I have had three back surgeries, I beg your pardon, I have applied insurance through a previous employer and, again, I am told because of preexisting conditions I am unable to get the insurance I so desperately need.

I feel the ADA can do something about this. And I wish you most success in all of your endeavors. We really need your help. Thank you.

[The prepared statement of Barbara Johnson follows:]

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Problems with Availability of Insurance

The first type of availability problem involves new kinds of risk. The tradition of American insurers is to view new risks with suspicion, pending the gathering and analysis of pertinent loss data. As a result coverage is usually slow in forthcoming, if it is offered at all.

The second type of availability problem is closely related to the first and involves situations where a currently insured peril becomes unpredictable in character and catastropic in its consequences. In this instance, insurers are prone to not only withhold coverage but actually withdraw existing coverage. Should no alternative source of coverage exist, a major availability problem may develop.

A third instance in which availability of insurance becomes an issue is when an insurer sees a particular group of insureds as consistently costing more in claims and expenses than they contribute in premiums. In these cases, the insurer may choose to either limit or restrict the type of insurance or the amount of coverage available to the insured.

Example #1-Loss of Blue Cross because of seizures.

Examle #2-Inability to get insurance-to much medication.

Example #3-Insurance dropped and parents business attached to pay existing bills.

Example #4-Unable to get insurance because of pre-existing con

dition.

Barbara Johnson
Fier Co-ordinator
Box 926
Bangs, Me.

04401

Mr. OWENS. Thank you very much, all three of you. I have one question for Ms. Batten. Has discrimination against the mentally ill, in your opinion, kept people in the hospital longer than they needed to stay in the hospital? And is this a great waste of money? Ms. BATTEN. Yes, it is. Often, in the State of Maine, as I said before, it depends on how cooperative you are whether you stay in the hospital. If you cooperate and take all your medication and they see that as getting well, and if you do not-if you do not agree with the treatment that they advise you to take and you do not cooperate, then you are seen as being iller and you are not allowed to leave the hospital. And I think this is a wasted condition, a waste of money because if you listen-if they would ask the clients and listen to what the clients have to say about what treatments are necessary for them, then people would get out of the hospitals

sooner.

Mr. OWENS. Thank you.

Our next panel is Tim Foley, Larry Espling, Ruth Long, Nancy Husted-Jensen.

Would you like to begin, Mr. Foley.

STATEMENT OF TIM FOLEY

Mr. FOLEY. Thank you, Mr. Chairman.

Boston, MA is a good place in 1988 for people with disabilities to tell Congress that we want some basic rights that our Founding Fathers wanted for all Americans.

We hold these truths to be self-evident that all people are created equal. That they are endowed by their creator with certain inalienable rights. That among these are life, liberty and the pursuit of happiness.

We, the people of the United States in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves to our posterity do ordain and establish this Constitution of the United States of America.

All our lives, we have read these lines and these fine words from the Declaration of Independence and the Preamble of the U.S. Constitution. Today, after over 200 years after these principles were articulated, we, the people with disabilities respectfully urge you, our representatives in the Congress, to make these words finally come true, to declare that all of us are truly equal under law. And, second, to form a more perfect union, but establishing justice for all persons. Thank you.

[The prepared statement of Tim Foley follows:]

THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEVELOPMENTAL DISABILITIES COUNCIL
600 WASHINGTON STREET, BOSTON, MA 02111
October 24, 1988

MICHAEL S. DUKAKIS

GOVERNOR

THOMAS J. LARKIN
CHAIRMAN

TO: Chairman Major R. Owens, Committee on Education and Labor,
Subcommittee on Select Education

(617) 727-6374

JODY SHAW EXECUTIVE DIRECTOR

FR: Tim Foley, for the Massachusetts Developmental Disabilities Council
RE: H.R. 4498, AMERICANS with DISABILITIES ACT

I am pleased to testify on behalf of the Massachusetts Developmental Disabilities
Council, of which I am a member. The Council consists of 59 persons appointed
by the Governor to advocate for the estimated 86,000 persons with developmental
disabilities in Massachusetts. Developmental disabilities are severe; chronic
conditions which a person is born with or attains before his or her twenty-second
birthday. These disabilities can be physical, mental, sensory, medical or emo-
tional--or any combination of these. They limit major life functions such as
self-care, mobility, learning, expressing oneself, among others. Because of the
early onset, severity, and long-term nature of developmental disabilities, people
with these kinds of conditions are especially eager to have basic legal protections
such as those included in the Americans with Disabilities legislation.

Boston and Massachusetts make a good place--in 1988--for people with disabilities to tell the Congress that we want some basic rights that our founding fathers wanted for all Americans:

We hold these truths to be self-evident, that all [people] are created
equal, that they are endowed by their Creator with certain unalienable
Rights, that among these are Life, Liberty and the Pursuit of Happiness.

We, the people of the United States, in order to form a more perfect
Union, establish justice, insure domestic tranquillity, provide for the
common defense, promote the general welfare, and secure the blessings
of liberty to ourselves and our posterity, do ordain and establish this
Constitution for the United States of America.

All our lives we have all heard these fine words from the Declaration of Inde-
pendence and the preamble of the United States Constitution.

Today, over 200 years after these principles were first articulated, WE THE
PEOPLE WITH DISABILITIES respectfully urge you--our representatives in the
Congress--to make these words come true:

to declare that ALL of us are truly equal under law

to form a more perfect union by establishing justice for ALL of us.

AMOCI

COUNCAS

Thank you.

Mr. OWENS. Thank you. Ms. Long.

STATEMENT OF RUTH LONG, PEER ADVOCATE COUNSELOR, VERMONT CENTER FOR INDEPENDENT LIVING

Ms. LONG. Thank you. I am here to represent people in the State of Vermont. I work as a peer advocate counselor for the Vermont Center for Independent Living. There were a number of us who were going to be here today, but evidently, I am the only one who made it.

Everyday when I work, I hear stories about discriminations, about segregation, about poverty, about trying to overcome attitudinal barriers. The list goes on and on. I, myself, am very concerned about the lack of adequate transportation in the State. We are a very rural community. We have very little public transportation. What we have is very inadequately accessible. People do not get out. They do not make themselves known. Nobody believes that there is really a disabled community in the State of Vermont because they are invisible.

Very often, when I go out, I have to think about where I am going: Is there going to be handicapped parking space? Is that space going to be occupied by somebody who is not a disabled person? If that is a space that is incorrectly occupied, is there going to be any penalty? Is that going to be policed? Am I going to be able to get where I want to go? Very often, you can call ahead, as I do very often, to find out whether a place is really accessible and you are told, "Oh, yes. Just a few steps." Or else, "It is accessible." And I recently had an occasion where I went to a place where there was an elevator. However, the elevator had no light and I accepted on faith that I would get to the second floor, but I got into this elevator with no light, went up to the second floor, found myself going down again because where I was going on the second floor was blocked. It was blocked by a band that was in the middle of a set and just could not be bothered to move away from the elevator door. So, what often is supposed to be accessible is not accessible.

And I do not want to be carried up a flight of stairs. People in Vermont have very hard times with transportation. Taxi cabs will not take people who have a disability. I guess that is all I want to

say.

Mr. OWENS. Thank you, Ms. Long.

Mr. Larry Espling.

STATEMENT OF LARRY ESPLING, WALTHAM, MA

Mr. ESPLING. Thank you for giving me this opportunity. [Some portions of Mr. Espling's testimony were incomprehensible.]

I want to get a job, but it is hard to get a good job. There are many people who have gone to college but they cannot get a good job.

May I read to you

[Mr. Espling asked an interpreter to read from his prepared statement.]

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