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This resource guide is created to provide general resources and self-help information for older Americans that are transitioning to community living and to work, family members, caregivers, guardians, and advocates/representatives for older individuals with disabilities.
To find a subject that may be of most help to you, refer to the Table of Contents for topics/subject matter and page number references.
For your information, here is how hyperlinks, or as they are more commonly called, links, work. Hyperlinks allows the viewer to quickly access another screen on the computer by simply clicking with the mouse on a text entry or a graphic object while pressing the Control (Ctrl) button on the keyboard. This is exampled by the phrase ‘click here’ for an explanation of hyperlinking.
Table of Contents
Olmstead: Community Integration for Everyone including Older Americans in Nursing Homes and Other Restrictive Environments 1
The Older Americans Act (OAA) as amended for individuals 60 years of age and older 2
Anti-discrimination in Employment 2
Florida Civil Rights Act of 1992 2
Florida Deceptive and Unfair Trade Practices Act 3
ADA Amendments Act of 2008 3
State and Local Government Program Accessibility under Title II of the ADA 4
Federal Transportation Administration 4
Air Carrier Access Act 5
ADA Requirements for Over-the-Road Bus Companies 5
Smart Consumers Can Stop Fraud: A Guide for Seniors 5
Scams Targeting Older Americans 5
AARP works to protect older Americans and their families from scams 6
Division of Consumer Services 6
Florida Department of Elder Affairs (DOEA) 6
Community Care for the Elderly Act 7
Senior Citizen Centers – Purpose and Locations 8
Statewide Public Guardianship Office within the Department of Elder Affairs 8
Long Term Care Ombudsman within the Department of Elder Affairs 9
Emergency Preparedness 10
Special Needs Registry 10
Safe and Well 11
Agency for Health Care Administration 11
DCF Adult Protective Services/Abuse Hotline 11
The Department of Community Affairs, Weatherization Assistance Program 12
Florida Division of Blind Services (DBS) 13
2-1-1 Information & Referral Services 13
Clearinghouse on Disability Information 13
Centers for Independent Living 13
Visiting Angels-Living Assistance Service 14
Florida Telecommunications Relay, Inc. 14
Florida Department of Highway Safety and Motor Vehicles/Florida GrandDriver 14
Transportation Disadvantaged Program 15
Affordable Accessible Housing 15
Housing Programs for Veterans 16
Senior Housing 17
Danger and risk of reverse mortgages that can lead to foreclosure 17
Housing Laws 17
Housing and Urban Development (HUD) Information for Senior Citizens 18
Housing Discrimination Complaints 19
Florida Housing Finance Corporation 19
Helpful Court and Legal Resource Information for Elders 20
Court-Related Matters 20
13th Circuit Elder Justice Center 20
Elder Abuse and Exploitation 20
Legal Assistance for Elders 21
Reference and Referral Information for Elders 21
The Florida Bar 22
Legal Aid in Florida 22
Five Wishes 22
Hospice 23
Nursing Homes and Nursing Home Requirements 23
Due Process Rights 24
Fair Hearings/Rights Prior to Involuntary Discharge or Transfer 25
WebMD.com (Medical Information from A – Z) 25
Cancer Information Links 26
Get Moving for a Healthy Brain 26
Alzheimer’s Helpline 27
Aphasia Resources 27
National Aphasia Resources 27
State Aphasia Resources 28
Feeding America 29
American Heart Association 30
Mental Health America 30
National Parkinson Foundation 30
Eye Care of America 30
Social Security Administration 31
Volunteer Organizations 31
Volunteer Florida including Seniors 31
Senior Corps 31
Foster Grandparents 32
Disability Rights Florida 32
FAAST, Inc. Self-Help Resource Guides 32
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General Resource and Self-Help Information for
Older Individuals with Disabilities
Abraham Lincoln said “In the end, it's not the years in your life that count. It's the life in your years.” Others have said - the wisdom acquired with aging gives us the ability to not expect gratitude from others, but the ability to give the gift is in itself enough. The best part of aging is the experiences one can acquire and share with younger people as a conduit to the past and a spokesperson of one’s family’s history. Older Americans can be themselves without the masks of youth and the attitude you wear is your fountain of youth. Other positives of aging are that you are wiser, mature, more confident, you can be a grandparent, and you have the time to reflect and show love for others.
Just a few examples on the positives of aging: 5 Health Benefits of Getting Older; Positive Aging, LLC; Positive Aging Newsletter; and an AARP article entitled Magic of the Fountain of Youth: the aging of America has implications for the nation.
AARP is dedicated to enhancing quality of life for all as we age. For more information, go to www.aarp.org or call 1-888-687-2277, Monday – Friday, 7:00 AM – 12:00 midnight (EST). For a Florida AARP Chapter closest to you, go to www.aarp.org/states/fl.
Olmstead: Community Integration for Everyone including Older Americans in Nursing Homes and Other Restrictive Environments
In 2009, the Civil Rights Division launched an aggressive effort to enforce the Supreme Court's decision in Olmstead v. L.C., a ruling that requires states to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. President Obama issued a proclamation launching the "Year of Community Living," and has directed the Administration to redouble enforcement efforts. The Division has responded by working with state and local governments officials, disability rights groups and attorneys around the country, and with representatives of the Department of Health and Human Services, to fashion an effective, nationwide program to enforce the integration mandate of the Department's regulation implementing title II of the ADA.
The Older Americans Act (OAA) as amended for individuals 60 years of age and older
Overview:
In addition to creating the Administration on Aging, the OAA:
...authorized grants to States for community planning and services programs, as well as for research, demonstration and training projects in the field of aging. Later amendments to the Act added grants to Area Agencies on Aging for local needs identification, planning, and funding of services, including but not limited to nutrition programs in the community as well as for those who are homebound; programs which serve Native American elders; services targeted at low-income minority elders; health promotion and disease prevention activities; in-home services for frail elders, and those services which protect the rights of older persons such as the long term care ombudsman program.
For more information, click here or go to: http://www.aoa.gov/AoARoot/AoA_Programs/OAA/index.aspx.
Anti-discrimination in Employment
Federal laws prohibit an employer from discriminating against job applicants and employees who are 40 years of age and older. Examples of employment discrimination protections can be found under the Age Discrimination in Employment Act (ADEA) and the Older Workers' Benefit Protection Act (OWBPA).
For information on ADEA, go to: http://www.businessmanagementdaily.com/19495/adea-age-discrimination-in-employment-act.
For information on OWBPA, go to: http://www.eeoc.gov/eeoc/history/35th/thelaw/owbpa.html.
Florida Civil Rights Act of 1992
The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity...
For more information on Chapter 760, Part I Florida Statutes, go to: http://www.flsenate.gov/Laws/Statutes/2013/Chapter760/Part_I.
Florida Deceptive and Unfair Trade Practices Act
There are penalties and consequences for violating the rights of older Americans and individuals with disabilities, if a “…method, act, or practice victimizes or attempts to victimize senior citizens or handicapped persons, and commits such violation when she or he knew or should have known that her or his conduct was unfair or deceptive, is liable for a civil penalty of not more than $15,000 for each such violation.”
For more information, on Chapter 501.2077, F.S., go to: http://www.flsenate.gov/Laws/Statutes/2013/501.2077.
ADA Amendments Act of 2008
Amendments to the Americans with Disabilities Act (ADA) signed into law on September 25, 2008, taking effect January 1, 2009, clarify and reiterate who is covered by this law’s civil rights protections. The ADA Amendments Act of 2008 revises the definition of “disability” to more broadly encompass impairments that substantially limit a major life activity. The 2008 amendments further clarify that mitigating measures (with the exception of eyeglasses and contact lenses) that may need to be provided have no bearing in determining whether a disability qualifies under the law. Mitigating measures can include assistive devices, auxiliary aids, accommodations, medical therapies, supplies, and other accommodations. Additional changes to the ADA Amendments Act of 2008 also clarify coverage of impairments that are episodic or in remission that substantially limit a major life activity when active, such as epilepsy or post-traumatic stress disorder. Information on the ADA Standards is available as well as the text of the 2008 amendments.
The ADA Amendments Act reinstates a broad scope of protection by expanding the definition of the term “disability.” The changes to the definition of disability under the ADAAA apply to all titles of the ADA, including Title I (employment), Title II (programs and activities of State and local government entities including state programs) and Title III (private entities that are considered places of public accommodation).
The changes to the definition of disability under the ADAAA also apply to the Rehabilitation Act of 1973, as amended, including Section 504 of the Rehabilitation Act. Recipients of federal financial assistance and services and programs receiving federal funding include but are not limited to state systems and programs that are to assist individuals with disabilities to receive reasonable accommodations. The changes to the definition of disability under the ADAAA also apply to Section 501 of the Rehabilitation Act, as amended (federal employment) and Section 503 of the Rehabilitation Act, as amended (federal contractors).
To review a implementing the ADAAA, go to: http://www.eeoc.gov/laws/regulations/adaaa_fact_sheet.cfm.
State and Local Government Program Accessibility under Title II of the ADA
A public entity’s services, program, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities.
Program access allows that a program can be moved to an accessible location, or use some way other than making all architectural changes to make the program, service, or activity readily accessible to and usable by individuals with disabilities. In Tennessee vs. Lane, 541 US 509 (2004), the U.S. Supreme Court affirmed the Title II duty to provide program accessibility. The Title II duty to accommodate is perfectly consistent with the well-established due process principle that, within the limits of practicability, a State must afford to all individuals a meaningful opportunity to be heard in its courts.
There are many ways to make a program, service, or activity accessible other than through architectural modifications. Keep in mind, however, that sometimes making architectural changes is the best solution financially or administratively, or because it furthers the ADA’s goal of integration. Removing barriers to access in pre-ADA facilities – or moving programs from pre-ADA facilities to newer and more accessible facilities or even providing those programs in alternate accessible ways – can help ensure full and independent opportunities to participate while minimizing costs.
Federal Transportation Administration
For general information on any ADA issue in relation to public transit, you can call the Federal Transit Administration Office of Civil Rights Americans with Disabilities Act (ADA) Assistance Line toll-free at 1-888-446-4511 and you can view their website at http://www.fta.dot.gov/civilrights/12325.html.
The U.S. Department of Transportation, Federal Transit Administration, has up-to-date information that includes but is not limited to the Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2003 (SAFETEA), Transportation System’s Safety and Security Matters, Human Service Transportation Coordination, and a National Transportation Database.
You can view FTA’s website at http://www.fta.dot.gov/ or write for information to:
U.S. Department of Transportation
Federal Transit Administration
400 7th Street, SW
Washington, DC 20590
Air Carrier Access Act
The Guide to the Air Carrier Access Act is designed to offer travelers with disabilities an authoritative source of information about the Air Carrier Access rules: the accommodations, facilities, and services that are, and are not, required. For more information, go to: http://www.disabilitytravel.com/airlines/air_carrier_act.htm
ADA Requirements for Over-the-Road Bus Companies
This document provides information about the U.S. Department of Transportation's (DOT) reporting and other requirements for over-the-road buses (OTRBs) under its Americans with Disabilities Act (ADA) regulations. For more information, go to: https://www.fmcsa.dot.gov/rules-regulations/bus/company/ada-guidelines.htm.
Smart Consumers Can Stop Fraud: A Guide for Seniors
The information in the brochure, Smart Consumers Can Stop Fraud: A Guide for Seniors, provides valuable guidelines and steps for consumers to take to protect their interests. Smart Consumers also contains information on tools designed to save money, especially in the important area of prescription medication.
For more information, go to: http://www.myfloridalegal.com/Seniors_Brochure.pdf or call the fraud hotline within the Office of the Attorney General at 1-866-966-7226.
Scams Targeting Older Americans
The New York Times published an article on April 27, 2013 on one of the growing scams targeting retirees and veterans with pensions, ‘Loans Borrowed Against Pensions Squeeze Retirees’. The article reported that, to retirees, the offers can sound like the answer to every money worry: convert tomorrow’s pension checks into today’s hard cash. But these offers, known as pension advances, are having devastating financial consequences for a growing number of older Americans, threatening their retirement savings and plunging them further into debt. The advances, federal and state authorities say, are not advances at all, but carefully disguised loans that require borrowers to sign over all or part of their monthly pension checks. They carry interest rates that are often many times higher than those on credit cards and after factoring in various fees, the effective interest rates ranged from 27 percent to 106 percent, which is information not disclosed in ads or in contracts themselves.
AARP works to protect older Americans and their families from scams
The AARP website at www.aarp.org lists a minimum of 1,430 articles on scams targeting older Americans and their families.
Just a few examples that are hyperlinked for your convenience here include:
· 6 Common Medicare Scams; Scams & Fraud
· New Health Benefits Scam; Beware of Utility Company Scams
· 7 Common Snowbird Scams
· IRS: 5 Tax Scams to Avoid
· Outsmarting the Scam Artists: How to Protect Yourself From the Most Clever Cons
· Scam-Proof Your Life: 377 Smart Ways to Protect You & Your Family from Ripoffs, Bogus Deals & Other Consumer Headaches
· 6 Common Door-to-Door Scams; 6 Ways to Avoid Telemarketing Fraud; and much more