EHS Recognition through Americans with Disabilities Act?

MESSAGE FROM SUSAN FOSTER:

Attached (below) please see the case I have made to San Diego County Supervisor Dianne Jacob regarding the FCC’s small cell [5G] directive. I am taking the position that San Diego County legally can, and must, accommodate individuals with EHS in the face of the planned exponential increase in 5G towers close to homes, schools, workplaces and throughout our lives. I am arguing that the ADA is not preempted under the Telecommunications Act of 1996 [Section 704] because of a Massachusetts District court judge's ruling in a separate case. You will see my logic within the letter. 

Also attached is my filing with the FCC from 2013 regarding the brain study I organized of California firefighters exposed to a cell tower on their station for over five years. And here is the link to a pretrial ruling from District court judge Timothy S. Hillman in the Fay School Wi-Fi case. I refer to both throughout letter. 

https://www.casewatch.net/civil/wifi/130_order_excluding_experts.pdf

I sat on San Diego County’s 2002 cell tower ordinance siting committee, and I am a stakeholder in the shaping of the current ordinance which was passed in February 2019, but was remanded to staff to craft some more protective amendments. I was brought in to help with this, but the pushback from industry was relentless. We tried to get ADA language into the ordinance that was expanded beyond just addressing the installation of the cell tower itself. Industry is fine complying with ADA as long as it's isolated only to the cell tower construction. But of course they're not going to put their backup generators on the sidewalks. They would get sued if children got hurt while riding their bikes, etc. The industry does not want ADA to apply to individuals with EHS. When the topic of shielding was brought up during one of our discussions with the county, the industry said that shielding was preempted under the Telecom Act. It was the industry's claim that shielding was going to be preempted that made me look at Judge Hillman's ruling in the Fay School case. In that case the judge decided the ADA did apply and was not preempted by the TCA. I am arguing that San Diego County is not any different. 

The industry is trying to tell the County zoning planners that EHS is not a "real" illness. My position is that acknowledgment of EHS, also known as radiofrequency radiation exposure, is not a debatable issue. The Centers for Medicare and Medicaid offer a number of billing codes related to RF radiation exposure. If the government pays for it on one hand, it cannot pretend it does not exist on the other.

Perhaps most importantly I am urging Chairwoman Dianne Jacob to contact California Gov. Gavin Newsom and urge a statewide moratorium on the deployment of 5G. We can and we must accommodate those individuals who are already EHS, and we must prepare for the additional numbers of people who will become ill following deployment of 5G. We need to get wording into contracts with telecom to pay for shielding in public places so that all public buildings are accessible to those with EHS. You will see that I'm making a case for shielding in some homes, as well.

It has been argued that it would be extremely impractical and prohibitively expensive to shield entire wings of schools, hospitals, libraries, court houses and other public facilities. I would argue that is extremely impractical and prohibitively expensive to risk making our entire population ill, unproductive, and in need of medical care they will no longer be able to access.

SUSAN FOSTER

U.S. Adviser, Radiation Research Trust (UK)

Honorary Firefighter, San Diego Fire Department

Medical Writer

Rancho Santa Fe CA 92091

susan.foster04@gmail.com

ADA - Evidence of RF radiation-ill populations and Medical Codes available for disability accommodations

This is a fantastic resource page:

Evidence of RF radiation-ill populations

1. Electromagnetic Sensitivity:

• Studies of electromagnetic sensitivity (EMS), as it is called by the US Access Board, place the condition between 1 and 5% of the population having significant and debilitating problems, with up to 33% to a lesser degree (but with the potential for getting worse).  It is a condition thought to be rapidly growing, due to exposure to rf radiation from wireless devices and cell towers, small cells, and other electromagnetic fields such as powerlines, etc.. In the United States, with a population of about 340 million, 1% would mean 3.4 million are EMS; 3% would mean 10.2 million EMS; 5% would mean 17 million EMS. People with EMS have difficulty working, finding a safe place to live, and being able to access public places due to cell towers, smart meters, small cells, and cell phones. Accommodating people with EMS allows participation in society of a large portion of the population.

In 2002, a survey of 2,072 people in California found that the incidence of self-reported electromagnetic hypersensitivity within the sample group was 3% (95% CI 2.8–3.68%), with electromagnetic hypersensitivity being defined as “being allergic or very sensitive to getting near electrical appliances, computers, or power lines” (response rate 58.3%). This survey was detailed in “Study of self-reported hypersensitivity to electromagnetic fields in California“. Environ Health Perspect. 110(Suppl 4): 619–23.Levallois, P; R Neutra; G Lee; L Hristova (August 2002).

Electro-Sensitivity: the Research

Electromagnetic Hypersensitivity (EHS) (EMF Safety Network)

w/ EMF Health Effects 2019 Survey

EMF Portal (do search on electromagnetic sensitivity, electrohypersensitivity, EMS, EHS, electrosensitivity, microwave illness, microwave poisoning, etc.)

2. Medical Conditions caused or made worse by rf radiation

AAEM EMF Medical Conditions Position Statement

AAEM EMF Position Statement

RF-ill People List of Sources

Evidence of RF-ill people (including but not limited to ES) (links and brief info to scientific reviews of lit (BioInitiative 2012-2019 – www.bioinitiative.org), also see many on http://www.electrosmogprevention.org/public-health-alerts/): physician statements, medical agency or org (CDC, WHO, OSHA, EPA, etc), existing collections of depositions / testimonials / letters to FCC etc.)

There is a difference between evidence of radiation-ill population and legal recognition of ES (EMS, EHS, etc.). These are not the same populations though they do overlap. ES is found in the radiation-ill population as a subset, but not all radiation-ill people may be ES. A definition of radiation-ill people may be found from a number of credible sources as well.

3. ICO 10 Medical Codes for Exposure to nonionizing radiation – ICD-10-CM W90

https://icd10coded.com/

“The ICD-10 code is the standard diagnostic tool for epidemiology, health management & clinical purposes. It is used for medical code lookups by physicians, nurses, researchers, health information managers, medical billing coders, health information technology workers, insurers & patient organizations to classify diseases and other health problems recorded on many types of health records, including death certificates. ICD 10 codes are also used by medical billers & payers for reimbursement purposes.”

W90.0 Exposure to radiofrequency is a non-billable ICD-10 code for Exposure to radiofrequency. It should not be used for HIPAA-covered transactions as a more specific code is available to choose from below.

The appropriate 7th character is to be added to each code from category W90
Use W90.0XXA for initial encounter
Use W90.0XXD for subsequent encounter
Use W90.0XXS for sequela [Note: sequela = late effect beyond initial treatment or acute period, a residual effect from injuries, present early, or even months or years later]

Billable Code

“W90.0XXS is a valid billable ICD-10 diagnosis code for Exposure to radiofrequency, sequela. It is found in the 2019 version of the ICD-10 Clinical Modification (CM) and can be used in all HIPAA-covered transactions from Oct 01, 2018 – Sep 30, 2019.

POA Exempt
W90.0XXS is exempt from POA reporting (Present On Admission).”

https://icd10coded.com/cm/W90.8XXS/

ICD-10-CM Code W90.8XXS
Exposure to other nonionizing radiation, sequela [Note: sequela = late effectbeyond initial treatment or acute period, a residual effect from injuries, present early, or even months or years later]

Billable Code

For 2019, W90.8XXS is a valid billable ICD-10 diagnosis code for Exposure to other nonionizing radiation, sequela. It is found in the 2019 version of the ICD-10 Clinical Modification (CM) and can be used in all HIPAA-covered transactions from Oct 01, 2018 – Sep 30, 2019.
POA Exempt

W90.8XXS is exempt from POA reporting (Present On Admission).
↓ See below for any exclusions, inclusions or special notations for W90.8XXS

External causes of morbidity codes describe the circumstance causing an injury, not the nature of the injury, and therefore should not be used as a principal diagnosis.
See also, External Cause of Injuries

———————————

ICD-10-CM Coding Rules

• W90.2XXS describes the circumstance causing an injury, not the nature of the injury.

Code History
2016 (effective 10/1/2015): New code (first year of non-draft ICD-10-CM)
2017 (effective 10/1/2016): No change
2018 (effective 10/1/2017): No change
2019 (effective 10/1/2018): No change

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https://icd10coded.com/

W90 Exposure to other nonionizing radiation
Excludes1
exposure to sunlight (X32)
The appropriate 7th character is to be added to each code from category W90
A – initial encounter
D – subsequent encounter
S – sequela
W90.0 Exposure to radiofrequency
W90.1 Exposure to infrared radiation
W90.2 Exposure to laser radiation
W90.8 Exposure to other nonionizing radiation

Excludes1
exposure to:
failure in dosage of radiation or temperature during surgical and medical care (Y63.2-Y63.5)
lightning (T75.0-)
natural cold (X31)
natural heat (X30)
natural radiation NOS (X39)
radiological procedure and radiotherapy (Y84.2)
sunlight (X32)

7th Character selection:
Use W90.8XXA for initial encounter
Use W90.8XXD for subsequent encounter
Use W90.8XXS for sequela

Coding structure:
ICD-10 code W90.8XXD is based on the following Tabular structure:
Chapter 20: External causes of morbidity
Section W85-W99: Exposure to electric current, radiation and extreme ambient air temperature and pressure
Category W90: Exposure to other nonionizing radiation
↑ Parent code:
W90.8 for Exposure to other nonionizing radiation

Search results for “nonionizing radiation”
About 8 items found relating to nonionizing radiation
Exposure to other nonionizing radiation
ICD-10-CM W90
https://icd10coded.com/cm/W90/
Exposure to other nonionizing radiation
ICD-10-CM W90.8
https://icd10coded.com/cm/W90.8/
Exposure to other nonionizing radiation, sequela
ICD-10-CM W90.8XXS
https://icd10coded.com/cm/W90.8XXS/
Exposure to other nonionizing radiation, subsequent encounter
ICD-10-CM W90.8XXD
https://icd10coded.com/cm/W90.8XXD/
Skin changes due to chronic exposure to nonionizing radiation
ICD-10-CM L57
https://icd10coded.com/cm/L57/
Exposure to other nonionizing radiation, initial encounter
ICD-10-CM W90.8XXA
https://icd10coded.com/cm/W90.8XXA/
Other skin changes due to chronic exposure to nonionizing radiation
ICD-10-CM L57.8
https://icd10coded.com/cm/L57.8/
Includes: Farmer’s skin, Sailor’s skin, Solar dermatitis
Index of diseases: Sailors’ skin
Skin changes due to chronic exposure to nonionizing radiation, unspecified
ICD-10-CM L57.9
https://icd10coded.com/cm/L57.9/

Source

How to File an ADA Accommodations Request for Electrosensitivity to Avoid Small Cells and Wifi

he following ADA Accommodations Request Packet may be used by ES (electrosensitivity) sufferers in the United States* to apply for reasonable accommodations to help avoid rf radiation from “small cells” and wifi in public government areas, related to accessibility or any other Title II application. Please share widely!

“Title II of the Americans with Disabilities Act applies to State and Local Governments. Title IIapplies to State and local government entities, and, in subtitle A, protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities.” (ADA.gov) With modifications, it may also serve to apply to Title III ADA accommodations requests related to public accommodations and facilities of private entities. This packet does not apply to Title I, employment ADA requests. 

In addition, some states may have disability and other discrimination laws that apply to disabled and those with medical conditions that do not meet the criteria of disability. Check with your state department of justice.

*for use worldwide, substitute the ADA language with that pertaining to any comparable disability and/or medical condition disability protection laws in your country.

ADA Title II Request Directions Packet**

**Copyright Center for Electrosmog Prevention, 2019. This packet is freely available for use only under Fair Use (non-commercial) terms and agreement with the CEP & Packet Disclaimers. It does not substitute for legal advice and there is no guarantee of successful outcome. 

Source