PROTECTING CONFIDENTIALITY + DEMANDING ACCOUNTABILITY = THREATS

RSA THREATENS FUNDING FOR INDIANA CENTER
THAT HAS BEEN DEMANDING ACTION AGAINST
CORRUPT STATE AGENCY AND SILC

EVERYBODY COUNTS MAY BE FIRST CENTER
FOR INDEPENDENT LIVING TO LOSE FUNDING

FEDS DEMAND ACCESS TO PERSONAL INFORMATION

Our Center for Independent Living was just ordered by 
the federal government to give up the names, addresses 
and any and all personal information in our files 
for everybody who's ever requested or received any 
services of any kind - or else face losing all federal
funds.

Whatever happens to us - this is a wake-up call to those 
who have begun to figure out that we've all been asleep 
at the wheel while somebody was taking over the vehicle.

Here's what you need to know:

The Rehabilitation Services Administration (RSA) of the
U.S. Department of Education administers Title VII of the
Rehab Act, which has to do with the federal independent
living program. That program is supposed to be consumer 
controlled at the state level.

>From reports that come not just from the state of Indiana
(where fraud and corruption has been reported on DIMENET
for many years), but from across the country that
clearly evidences that something really bad is happening
(see http://www.dimenet.com/hotnews/archive.php?mode=A&id=6540).

RSA cites regulations which give them the right to unrestricted 
access to any books, documents, papers or other records of 
recipients that are PERTINENT to the administration of a federal 
award. We're unclear as to how it is pertinent to an operational
award for RSA to know exactly what person at what address had 
what personal issue or concern or filed what complaint against 
whom. 

Regulations also require CILs to adopt and implement 
policies and procedures to safeguard the confidentiality of 
all personal information. They require CILS to notify those 
who receive assistance if there are any agencies which 
have regular access to that information.

In the 17 years we've received funding from RSA, our center
was never before asked for unrestricted access to consumer 
files. Instead, they acknowledged that we could only provide
access to those files for which we had obtained permission 
to allow their review. Historically, many centers (including 
our own) have also provided to RSA redacted copies of consumer 
service records- that is, copies with all identifying information 
such as names and addresses crossed out. A few weeks ago, 
RSA told us that wasn't good enough - either we cough up 
everything right then and there, or be subject to 'financial 
repercussions.'

We asked for enough time to at least let everybody know that
RSA wanted to look at their files, and to ask for their permission.
They said they'd get back to us and let us know. Instead, IL Branch 
Chief Tom Kelley just faxed us a letter, telling us that our
refusal just resulted in our being declared 'high risk' and having
no ability to draw down our funds electronically. 

We were given 15 days to file a formal appeal, with a simultaneous 
demand to meet their demand within 30 days. Sounds like they've 
already decided the outcome of our formal appeal, which WILL of 
course be filed. 

Since we're uncertain of our future, we want to take a minute to
share some relevant history:

In 1999, we predicted that if we didn't stop pushing for RSA
to do something about the fraud and corruption in this state,
they'd try to shut us down.

Just weeks after we finalized the last settlement in a landmark
federal class action ADA lawsuit against local public transportation
providers, that prediction seems to be coming true.

In 2000, the VR Director advised us to stop supporting ADAPT
and slow down all of the systemic advocacy work within the state.

In 2002, an independent consultant said that RSA had to do
something about the situation with the state agency and SILC (see
http://www.dimenet.com/hotnews/archive.php?mode=A&id=2263,
http://www.dimenet.com/hotnews/archive.php?mode=A&id=2317.

In 2004, RSA issued a damning report of findings which supported
our allegations that the IL program was completely controlled by
the state agency, and that instead of meetings its responsibilities to
the disability community, the SILC was filled with paid off people
(http://www.dimenet.com/hotnews/archive.php?mode=A&id=3544).

The same year, RSA Commissioner Joanne Wilson said that RSA
wasn't going to do anything about Indiana, and the Assistant Secretary
of OSERS said it was up to the people in Indiana to fix the problem
(http://www.dimenet.com/hotnews/archive.php?mode=A&id=3854).

There have been about a thousand postings on the DIMENET,
the situation has been covered by Mouth Magazine and the Ragged
Edge. The sad spectacle that is the Indiana Council on Independent
Living is available through videotapes we post on our website
(www.everybodycounts.org) -  October and November are especially
interesting. Other sites like www.onecandream.com have covered it.

>From the day we opened our doors, Everybody Counts has worked
to create a real disability community in a state where real advocacy
is considered rude and supporting the status quo is well rewarded.
We're proud of all of our people, what they've achieved and how
much they want to get done in this backassward state.

We have been hearing from our constitutents (see
http://www.dimenet.com/hotnews/archive.php?mode=A&id=6621;&sort=D).
For the most part, they are asking us to continue upholding their
right to confidentiality.

We are doing our best to do that.