504 Democratic Club: Questionnaires (Candidate for State Senator Brian Keeler's response)

Candidate Name: Brian Keeler

Campaign Manager: Audrey Molsky

Phone: 914-489-9961

Fax: 845-227-6853

Campaign Name: Friends of Brian Keeler

Campaign Address: 827 Route 82; Suite #303; Hopewell Junction, N.Y. 12533

Contact Person: Audrey Molsky

Email: audrey@keeler2006.com

Website: www.keeler2006.com

State Senate District: 41

Please describe any experience with disability you have had in your life or career.

Both my mother and Grandfather have had a hearing disability. I am genetically inclined to the same condition and have a 40% hearing loss.
Is your campaign headquarters accessible to persons with disabilities? If you are an incumbent, is your district office accessible to persons with disabilities? If you are in private practice, is your office accessible to persons with disabilities? If not, what have you done to ensure access?

My headquarters are in my home, with accessibility through the ground floor. If staff, volunteers, or constituents require alternative means of access, I meet with them at their homes or any other convenient accessible location.
How will you incorporate people with disabilities into your campaign?

A woman working on my campaign as Event Coordinator and Scheduler, is an attorney who has been diagnosed with Bipolar Disorder for 8 years. She comes from a family with a history of severe mental illness; however, she takes prescription medication which helps her control and manage her symptoms. Some years prior to working on my campaign, she was Assistant Counsel for DAAA (Division of Alcoholism and Alcohol Abuse) and OMRDD (Office of Mental Retardation and Developmental Disabilities), as well as an attorney for MHLS (Mental Hygiene Legal Services). She brings a wealth of experience to my campaign. Over the years, employment has been an issue for her, especially due to stigma, as well as her need for some flex time and attention to routine to keep her symptoms under control. She has been invaluable to my campaign, and if an appropriate position on my staff became available, I would not hesitate to employ her.
Are you willing to hire and use flex-time and job-sharing if necessary?

I support the concepts and believe that if the requirements of the job can be met under such parameters, and the job candidate is otherwise well-qualified, I would support such an arrangement.
Seventy (70%) percent of people with disabilities of working age are unemployed at any given time, no matter how well or poorly the economy is doing. How will you use your office to advance employment opportunities for people with disabilities?

I would work with leading organizations such as the NY State Industries for the Disabled, NYSARC, Inc., the New York State Independent Living Council, NAMINYS (the New York chapter of the National Alliance for Mental Ilness), MHANY's Consumer and Business Outreach Program to develop a plan that will enhance job opportunities for people with disabilities. Overcoming the stigma associated with mental and physical disabilities continues to be a major challenge that requires ongoing public education. I would reduce administrative barriers to employment by supporting the medicaid buy-in program so that those individuals who are able to work more than 15 hours a week will not lose their benefits, because they will be able to buy in to medicaid on a sliding scale basis.
What will you do to reverse the negative impact of recent decisions in Federal Courts which are undercutting the powers of the Americans with Disabilities Act (ADA) of 1990 to protect the civil rights of people with disabilities in New York State? How would you change the laws of New York State to protect the rights of its citizens with disabilities?

I support the passage of both A.6328 (Cahill) / S.3921 (Spano) and A.7294 (Paulin) / S.5074 (Spano) which serve to clarify the scope of protections against discrimination on the basis of disability under the NYS Human Rights Law in the area of government services, and accommodations to be consistent with the federal Americans with Disabilities Act and the current policies and practices of the Division of Human Rights.
Currently, over 130,000 people reside in nursing homes and other care facilities in New York State. In 1999, the Supreme Court of the United States (SCOTUS) found in L.C. v Olmstead that individuals with disabilities have a right to live in the most integrated setting. What will you do to encourage Olmstead implementation in New York?

NYS has not complied with Federal guidelines to get people out of institutions. Push the "Most integrated to issue this report and implement Setting Coordinations Council (2002)". Many disabled and elderly individuals in New York end up in costly institutional settings when, with appropriate supports, they could be cared for in a more cost effective community setting of their choice. I would support the implementation of a federal waiver of Medicaid rules to allow Medicaid reimbursement for services not covered by the traditional Medicaid program. These services would include traditional medical as well as non-medical supports such as assistive technology, environmental modifications, respite, case management and others. New York has several waiver programs to accomplish this goal, however the eligibility criteria for those programs prohibit many individuals from qualifying. Also, innovative demonstration projects that encourage nursing facility transition and diversion could produce significant Medicaid savings while providing individuals with more choice.
We are in the midst of a housing crisis. Accessible, affordable housing is in short supply. People with disabilities are being priced out of the market. What would you do to develop a housing policy that would lead to the development and maintenance of accessible, affordable and integrated housing stock?

I will support A.7867 (Paulin) / S.4933-A (Morahan), a bill that would ensure that housing protections offered to people with disabilities under Section 504 of the Federal Rehabilitation Act are also offered, and therefore enforceable, on the state level as well. I would also support the passage of A.7868 (Paulin) / S.4875-A (Morahan) to enact a NYS housing registry containing up-to-date information regarding accessible housing statewide for people with disabilities.
Timothy's Law was designed to end health insurance discrimination by enacting parity in coverage for people with biologically-based psychiatric disabilities. To address cost concerns raised by small businesses, the agreement directs the state Superintendent of Insurance to develop a methodology that would hold businesses with 50 or fewer employees harmless from any increase in insurance premiums that result from this measure. It also requires the state Insurance Department and the Office of Mental Health to conduct a two year study to determine the effectiveness and impact of mental health parity legislation in New York and other states. What would you do to help small business?

I would support this legislation, as agreed to by the Senate and Assembly, holding harmless employers of 50 or fewer employees from any increase in insurance premium. I also support helping small businesses identify what the actual risks/costs are to them. When it comes to smaller employers, they may be at higher risk of being negatively effected by employee mental health needs and stand to be hurt more than larger employers. Small businesses also suffer because of the competitive advantage many large employers have when it comes to recruiting and retaining highly qualified employees. In addition to the often higher salaries that larger organizations are able to offer, a better health benefit package makes working for one of these larger employers that much more attractive than working for smaller businesses. Small businesses need to know how much it costs them to provide their employees with better mental health benefits so that they have a healthier workforce and are able to eliminate the disadvantage they face against larger businesses. According to the actuarial firm, PricewaterhouseCoopers, providing more generous mental health and chemical dependency treatment benefits would cost an additional $1.26 per person per month in health insurance premiums. This $1.26 would ensure that mental health and chemical dependency benefits equal to the other health services are covered under all insurance policies. If an employee is distracted by their mental health needs or those of their family, they aren�t a productive worker, and the business suffers. Small businesses really can't afford to not provide this coverage.
Under Kendra's Law, a state-funded Medicaid grants program has been established to provide medications for eligible individuals with a psychiatric disability upon release or discharge from institutions. This will help eliminate some of the problems associated with the Medicaid coverage gap. Do you support Medicaid Presumptive Eligibility legislation which would eliminate the standard 45 days without coverage, and thus without access to treatment?

NYS has failed to comply with federal law requiring that Medicaid eligibility be maintained for individuals upon their release from psychiatric institutions; instead upon release NY has terminated their eligibility. I would support Medicaid Presumptive Eligibility legislation; however, I would strongly urge the Governor to require that NY comply with Federal guidelines on this issue.
By passing the Help America Vote Act of 2002 the U.S. Congress has tried to ensure that people with disabilities will, by 2006, be able to cast an independent, private ballot for the first time. What will you do to ensure successful implementation HAVA?

Efforts to implement the Help America Vote Act in New York were intended to protect the voting rights of all citizens. It is unconscionable that fifteen years after the passage of the Americans with Disabilities Act, some polling sites in New York are still inaccessible to citizens with disabilities. We are not only required by law, but we also have a moral obligation to ensure access for all voters. To that end I would support and introduce a Senate version of A.120 (Cahill) that requires every polling place to be accessible to voters with physical disabilities and provides guidelines which shall be in accordance with the accessibility requirements mandated pursuant to the federal Americans with Disabilities Act of 1990. Finally, I would do all in my power to make sure the Board of Elections certifies voting machines that will enable people with disabilities to cast independent and private ballots.
Disabled children in grades K-12 are entitled to receive a "free and appropriate public education in the least restrictive environment," but there have been major problems. Most often, schools are not physically accessible and not accommodating their students' needs. What do you propose to correct this problem?

I would advocate for the inclusion of a capital fund in the state budget specifically for schools to upgrade their accommodations to meet the needs of students with disabilities. In addition, I would support legislation to shift the burden of proof from parents, making it easier for them to obtain education/services their children need.
Despite Section 504 and the Americans with Disabilities Act, students with disabilities face problems when pursuing higher education. These statutes do not specify how students should request accommodations or assistance in asserting their rights under the law. Will you support a fully funded office of disability services on each SUNY and CUNY campus to assist students with disabilities in securing accommodations?

I support the passage of A.8292-A (Paulin) / S.4136-A (Morahan) which would establish a funding program for the improvement of disability services at institutions of higher education. Under the proposal The State University of New York, City University of New York, accredited independent colleges and universities and degree-granting proprietary institutions would be eligible to receive funds.
What is your position on expanding DRIE (Disabled Rent Increase Exemption) to be the same as SCRIE (Senior Citizen Rent Increase Exemption) to low-income, eligible persons with disabilities under the age of 62 on the same basis and income level (currently the SCRIE's income cap is $25,000, while DRIE's is $17,000)?

I would support efforts to expand the DRIE to similar levels as the SCRIE. A.8972 raises the cap.
Do you support the extension of Elderly Pharmaceutical Insurance Coverage (EPIC) to low-income persons with disabilities regardless of age? What would you do to ensure this?

I support the passage of A.3074-A (Koon) / S.1357 (Seward). This bill would add low-income disabled persons to the list of persons eligible to receive benefits from New York's (EPIC) program.
What would you do to expand accessible transportation options for people with disabilities in NYS?

I would encourage the dedication of additional resources in the state budget for the expansion of accessible transportation options. I would support the coordination of efforts to deliver services particularly in rural areas, where pharmacies and doctors are more sparsely spread out. Tax credit for companies that make a required number of cabs - wheelchair options.

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