JFActivist

JFAAN Seeks Employment Commission

*** Take Action: Sign On Today***

From the Justice For All Action Network (12/7/09):

Dear Friends and Allies:

 One of JFAAN’s priorities is to increase the employment and economic self-sufficiency of people with disabilities.

 The JFAAN Employment Task Force has developed, with lots of input from many disability organizations, the attached proposed draft Executive Order that we are about to ask the Obama Administration to issue that will create a Commission on Employment.  It incorporates and goes beyond some of Obama’s campaign platform promises to create such a Commission on Employment and Social Security disability benefits. 

>>>Proposed Exec-Order Creating Commission (Word)

We are signators to the below letter to President Obama requesting that he announce his Executive Order.  The letter suggests that if he is able to announce it before the first anniversary of his Presidency, it could enable the members of the Commission to be appointed in time for the Commission to hold its first meeting on or before the 20^th anniversary of the ADA on July 26, 2009.

We urge as many organizations as possible to sign on to the letter requesting the President to issue the attached Executive Order. Note that by signing on to the letter you indicate your organization’s endorsement of the Executive Order.  If your organization’s procedures do not enable you to give an organizational endorsement by this deadline, we encourage an officer of your organization to sign on as an individual and, if possible, to indicate his or her title with the organization.  

As we intend to deliver the letter to the White House on Friday, December 11, the deadline for sign-on’s is 10:00 am Thursday, December 10^th.  Send your sign on authorization – with full organizational names (no acronyms please) to United Spinal Association’s Director of Legislation amorris@unitedspinal.org.

Thank you for supporting this important effort.

Executive Order Cover Letter:

The Honorable Barack Obama

President

The United States of America

1600 Pennsylvania Avenue

Washington, D.C. 20500

 

Dear Mr. President,

The Justice for All Action Network (JFAAN), a national coalition of organizations of, by, and with people with disabilities, applauds you and your Administration for declaring employment of people with disabilities as a top priority.

As follow-up to our June 29, 2009 letter outlining the JFAAN Employment Team Policy Recommendations as a roadmap out of poverty for millions of Americans with disabilities, we offer the attached draft Executive Order establishing a Commission on People with Disabilities, Employment, Economic Empowerment and Social Security as a blueprint to carry out your campaign assurances through concrete action.

As a measurable benchmark of your Administration's commitment to the employment and economic self-sufficiency of people with disabilities, we look forward to your announcing your Executive Order to establish such a Commission. We anticipate it will create a national dialogue on these important issues. 

The 20^th anniversary of the Americans with Disabilities Act (ADA) coming up on July 26, 2010, offers an ideal opportunity for milestones. If you are able to announce your Executive Order before the end of your first year as President in January 2010, it could enable the Commission to be appointed in time to hold its first meeting on or before the 20^th anniversary of the ADA.

The attached draft Executive Order is endorsed by the signatories to this letter. It reflects due diligence, considerable thought and input from a broad perspective of stakeholders and subject matter experts, including employed subject matter experts with disabilities, who remain resources to your Administration in bringing the Commission to full fruition.

We are happy to work with Special Assistant for Disability Policy Kareem Dale and other Administration leaders to establish this historic Commission that will finally bring full access to the American dream for millions of men, women and children with disabilities for generations to come.

Signatories, 

URGENT: Do You Still Care About Long Term Services and Supports?

National Call-In Day TOMORROW, Thursday, December 3rd

Call your Senators at this toll-free number: (800) 958-5374

Senator Gregg (R-NH) just spent some time on the Senate floor bashing the CLASS Act.  Senator Baucus (D-MT) (Manager of the health reform bill) interrupted him briefly to say, “Frankly, I’m no fan of the CLASS Act myself.”  

See below for info on a national call-in day tomorrow and for the need to collect stories ASAP.  Please feel free to adapt the alert [when you pass it along].  This is critical.  There will be an amendment to strike the CLASS Act.  We need a full-scale effort to build support for keeping CLASS Act in the bill when the amendment is offered.  

I believe this is an empowerment issue.  Some Senators have expressed the view that people with disabilities who need long term services belong in Medicaid!  That would mean continued impoverishment for life to qualify for needed supports.  We need the CLASS Act to offer an alternative to forced impoverishment in the future!

Marty Ford

From the Arc and UCP Disability Policy Collaboration (12/2/09):

Background:

The U.S. Senate is now debating its health care reform bill, the Patient Protection and Affordable Care Act. And while the Community Living Assistance Services and Supports (CLASS) Act has stayed in the bill this far, it could be stripped from the bill any day now.   In fact, we just learned that there will be an amendment to eliminate the CLASS Act from the bill.

 

Our contacts on Capitol Hill tell us that one of the biggest obstacles for the CLASS Act is misperception among Members of Congress and their staff that people with disabilities belong in the Medicaid program and cannot work.  We must set the record straight and let our Senators know that, while Medicaid is an essential safety net, millions of people who now have or later develop disabilities work and want to take personal responsibility for their long term care needs. This is an empowerment issue - People should not be forced into poverty to get the support they need.

 

You can help by doing two things:

 

1) Plan to participate *tomorrow* December 3 in a national call in day.  Join advocates from around the country in making our voices heard!  Please call both of your Senators.  The toll free number is (800) 958-5374.  Here is a Sample Script:

Hello. I am calling to ask Senator ___________________ to make sure the CLASS Act remains in the final health reform bill and to oppose any amendment to strip it from the bill. The CLASS Act will help people to remain independent at home.

 

 

2)           Tell us your long term services and supports story NOW.  Stories are being gathered to share during Senate debate on the health care reform bill. We are seeking personal stories that fall under two categories:

 

Looking Back - What could have been if the CLASS Act program had been available.  Story examples include:

•        You worked for many years and discovered that you were financially unprepared for your long term services and supports needs after you became disabled in a car accident.  If you had been able to pay into the CLASS Act program, you could have paid an attendant to help you remain in your own home and not been forced to move into a nursing home before it was necessary.

•        Your sister who has a developmental disability held a job for several years until her health worsened and she required assistance with daily activities such as transportation and meal preparation.  Had she been able to pay into the CLASS Act program, she could have paid an attendant to help her with these activities of daily living and remained employed.

•        Your wife became disabled after having a stroke.  Had she been able to pay into the CLASS Act program, she could have used the cash benefit to pay for services and supports in the state where you had planned to move to.  Instead, she had to spend down all her savings to qualify for Medicaid and you and your wife were unable to move.

•        Your father’s retirement savings were depleted to pay for his long term care needs.  If he had been able to pay into the CLASS Act program, he could have made the necessary modifications to his home to accommodate his wheelchair and covered his other needs instead of relying on you and your sibling who tapped into your own children’s education funds to help pay for his care.

 

Looking Forward - What could be if the CLASS Act program becomes available. Story examples include:

•        You just started your career.  If the CLASS Act program becomes available, you know that you can be take personal responsibility for your own care and be more self sufficient should you become disabled for any reason.

•        Your son has a disability and is currently employed.  If the CLASS Act program becomes available, he will be able use the cash benefit to purchase the services and supports that he needs to remain employed for as long as possible.

•        Your husband is starting to plan for his retirement. If the CLASS Act program is available, you know that, if he becomes disabled, you will not have to divorce him in order to keep his household income below the Medicaid eligibility level to receive long term services and supports.

•        Your mother is nearing retirement.  If the CLASS Act program becomes available, she can start paying in and supplement her private long term care insurance plan that provides limited coverage.

 

You can submit stories online at http://surveys.aahsa.org/EFM/wsb.dll/s/30g179 , or use the questions in this survey to help guide you in writing your story.  If you would prefer to just email your story (instead of the survey), please send it to acosta@thedpc.org

 

 

Thank you in advance for your advocacy and your commitment to improving the quality of life for millions of people with disabilities and older Americans.  For more information, see www.passtheclassact.org.

 

Health Reform Update: Senate Bill Proceeds to Debate

Senate Votes to Proceed to Debate on Health Reform

Excerpt from the Capitol Insider (11/23/09):

by Annie Acosta

On Saturday evening, by a party line vote of 60-39, the Senate passed a motion to proceed to debate the Patient Protection and Affordable Care Act (H.R. 3590). The bill includes:

• Major insurance market reforms including elimination of pre-existing condition exclusions and annual and lifetime caps;
• Coverage of rehabilitation and habilitation services and devices in the essential benefits package for the new insurance Exchange;
• An expansion of Medicaid eligibility up to 133% of the federal poverty level;
• The Community Living Assistance Services and Supports (CLASS) Act which will establish a new nation wide long term services insurance program that will help individuals and their families meet their needs without needing to be impoverished; and
• The Community First Choice (CFC) Medicaid option which will make comprehensive community-based services available to Medicaid beneficiaries in states which chose the option (it would begin on Oct 1, 2010 with no sunset date).
• Requiring the development of standards for accessible diagnostic and other medical equipment;

Yesterday conservative Democratic Senators stated that they would join Republicans to filibuster final passage of the bill unless the public option for the new insurance Exchange is removed. Debate will begin the week after Thanksgiving and is expected to last until the Christmas holiday recess.

 >>> To Sign Up for the Arc/UCP Newsletter 'Capitol Insider'

Disability Policy Priorities and Health Reform: A Comparison

From the Disability Coalition on Healthcare Reform (11/10/09):

National Health Care Reform for People with Disabilities:  A comparison of Federal Health Reform Legislation. 

Do the proposals address health reform priorities for people with disabilities?  At the beginning of the health care debate, the Disability Coalition for Health Care Reform set an overall goal and 5 policy priorities that would bring meaningful reform to people with disabilities and their families.  DCHR recently released a document that analyzes how those proposals do or do not meet the DCHR priorities. 

>>> For the Comparison PDF

>>> For the DCHR Site (Comparison Text Version Available here)

Action Alert: Support ABLE Act Which Allows Families to Save for Children with Disabilities

ACTION ALERT: ASK YOUR MEMBER TO SIGN ONTO THE ABLE ACT OF 2009

 

The Achieving a Better Life Experience Act (ABLE) of 2009 (S 493/HR 1205), which is supported by over 40 national disability organizations has been introduced in both the Senate and House.  The ABLE Act will give individuals with disabilities and their families the ability to save for their child's future just like every other American family, and help people with disabilities live full, productive lives in their communities.  

The ABLE Act will allow individuals with disabilities to create a disability savings accounts or 'ABLE Accounts' that would accrue interest tax-free.  The account could fund a variety of essential expenses for the individual, including medical and dental care, education, community based supports, employment training, assistive technology, housing, and transportation.  Importantly,  the legislation prohibits amounts held by, or paid or distributed from any ABLE accounts from being treated as income or assets when determining eligibility for benefits provide by any Federal benefits program.

Asset development is one step toward improving economic self-sufficiency, and the legislation's focus on encouraging asset development will greatly incentivize people with disabilities to live more productive lives through earning and saving resources for their future.

ACTION REQUIRED:

If your Representative and/or Senators are not already a cosponsor of S. 493/H.R. 1205, please call them to cosponsor this important legislation (a list of Members who have already signed on to the bill is included below).

Talking Points to Call Your Senators and Representative:

·      I am calling to ask my [Senator/Representative] to cosponsor the Achieving a Better Life Experience Act (ABLE) of 2009 (S 493/HR 1205) led by Senators Casey (D-PA), Hatch (R-UT), Dodd (D-CT), Brownback (R-KS), and Burr (R-NC) and Representatives Crenshaw (R-FL), Meek (D-FL), Kennedy (D-RI), and McMorris Rodgers (R-WA).

·      The legislation encourages persons with disabilities to save in order to live an independent and meaningful life while reducing their dependency on public benefits.

·      This legislation allows for the establishment of tax-exempt financial security accounts for individuals with disabilities to pay certain expenses, including: medical and dental care, education, community based supports, employment training, assistive technology, housing, and transportation.

If your boss is interested in signing on as a cosponsor, please contact:

• Will Hansen (202-224-6324) in Senator Robert Casey's office
• Dustin Krasny (202-225-2501) in Representative Ander Crenshaw's office

House ABLE Act of 2009 (HR1205) Cosponsors

Rep Crenshaw, Ander [FL-4] - 2/26/2009
Rep Ackerman, Gary L. [NY-5] - 6/12/2009	Rep Akin, W. Todd [MO-2] - 3/3/2009
Rep Andrews, Robert E. [NJ-1] - 3/17/2009	Rep Bachus, Spencer [AL-6] - 3/6/2009
Rep Baldwin, Tammy [WI-2] - 5/7/2009	Rep Barrow, John [GA-12] - 4/21/2009
Rep Bean, Melissa L. [IL-8] - 3/18/2009	Rep Berkley, Shelley [NV-1] - 3/12/2009
Rep Bishop, Sanford D., Jr. [GA-2] - 5/7/2009	Rep Bishop, Timothy H. [NY-1] - 5/13/2009
Rep Blackburn, Marsha [TN-7] - 3/3/2009	Rep Blunt, Roy [MO-7] - 3/3/2009
Rep Boccieri, John A. [OH-16] - 5/21/2009	Rep Bono Mack, Mary [CA-45] - 6/19/2009
Rep Boozman, John [AR-3] - 3/30/2009	Rep Bordallo, Madeleine Z. [GU] - 3/12/2009
Rep Brady, Kevin [TX-8] - 3/6/2009	Rep Braley, Bruce L. [IA-1] - 7/8/2009
Rep Brown, Corrine [FL-3] - 3/12/2009	Rep Brown-Waite, Ginny [FL-5] - 3/6/2009
Rep Burton, Dan [IN-5] - 3/3/2009	Rep Calvert, Ken [CA-44] - 4/21/2009
Rep Campbell, John [CA-48] - 4/2/2009	Rep Cantor, Eric [VA-7] - 4/2/2009
Rep Cao, Anh "Joseph" [LA-2] - 7/8/2009	Rep Carnahan, Russ [MO-3] - 5/13/2009
Rep Carson, Andre [IN-7] - 3/18/2009	Rep Chaffetz, Jason [UT-3] - 4/21/2009
Rep Childers, Travis [MS-1] - 5/21/2009	Rep Cleaver, Emanuel [MO-5] - 6/19/2009
Rep Cohen, Steve [TN-9] - 3/17/2009	Rep Connolly, Gerald E. "Gerry" [VA-11] - 7/31/2009
Rep Courtney, Joe [CT-2] - 5/4/2009	Rep Culberson, John Abney [TX-7] - 6/12/2009
Rep Davis, Geoff [KY-4] - 3/30/2009	Rep Delahunt, William D. [MA-10] - 4/21/2009
Rep Diaz-Balart, Lincoln [FL-21] - 3/6/2009	Rep Donnelly, Joe [IN-2] - 10/6/2009
Rep Doyle, Michael F. [PA-14] - 4/27/2009	Rep Dreier, David [CA-26] - 3/17/2009
Rep Driehaus, Steve [OH-1] - 4/30/2009	Rep Ehlers, Vernon J. [MI-3] - 3/17/2009
Rep Ellison, Keith [MN-5] - 9/10/2009	Rep Ellsworth, Brad [IN-8] - 3/18/2009
Rep Filner, Bob [CA-51] - 3/24/2009	Rep Fleming, John [LA-4] - 7/8/2009
Rep Frank, Barney [MA-4] - 3/18/2009	Rep Fudge, Marcia L. [OH-11] - 4/30/2009
Rep Gerlach, Jim [PA-6] - 4/30/2009	Rep Goodlatte, Bob [VA-6] - 7/17/2009
Rep Gordon, Bart [TN-6] - 3/24/2009	Rep Graves, Sam [MO-6] - 3/3/2009
Rep Grijalva, Raul M. [AZ-7] - 6/12/2009	Rep Hare, Phil [IL-17] - 3/10/2009
Rep Harper, Gregg [MS-3] - 3/3/2009	Rep Heller, Dean [NV-2] - 3/24/2009
Rep Herger, Wally [CA-2] - 6/26/2009	Rep Hinchey, Maurice D. [NY-22] - 5/21/2009
Rep Holden, Tim [PA-17] - 3/24/2009	Rep Holt, Rush D. [NJ-12] - 3/10/2009
Rep Jackson, Jesse L., Jr. [IL-2] - 6/12/2009	Rep Jackson-Lee, Sheila [TX-18] - 7/8/2009
Rep Kennedy, Patrick J. [RI-1] - 2/26/2009	Rep Kildee, Dale E. [MI-5] - 5/4/2009
Rep King, Peter T. [NY-3] - 4/2/2009	Rep Kirk, Mark Steven [IL-10] - 3/6/2009
Rep Kline, John [MN-2] - 5/13/2009	Rep Kosmas, Suzanne M. [FL-24] - 6/19/2009
Rep Lamborn, Doug [CO-5] - 5/13/2009	Rep Langevin, James R. [RI-2] - 4/21/2009
Rep Latham, Tom [IA-4] - 5/4/2009	Rep Lewis, John [GA-5] - 5/13/2009
Rep Lofgren, Zoe [CA-16] - 5/4/2009	Rep Luetkemeyer, Blaine [MO-9] - 4/27/2009
Rep Lynch, Stephen F. [MA-9] - 6/12/2009	Rep Mack, Connie [FL-14] - 3/18/2009
Rep Marshall, Jim [GA-8] - 3/24/2009	Rep Massa, Eric J. J. [NY-29] - 5/4/2009
Rep Matsui, Doris O. [CA-5] - 4/27/2009	Rep McCarthy, Carolyn [NY-4] - 4/30/2009
Rep McCarthy, Kevin [CA-22] - 7/17/2009	Rep McCotter, Thaddeus G. [MI-11] - 5/21/2009
Rep McHugh, John M. [NY-23] - 5/4/2009	Rep McIntyre, Mike [NC-7] - 4/21/2009
Rep McMorris Rodgers, Cathy [WA-5] - 2/26/2009	Rep Meek, Kendrick B. [FL-17] - 2/26/2009
Rep Mica, John L. [FL-7] - 3/3/2009	Rep Miller, Jeff [FL-1] - 9/29/2009
Rep Moore, Dennis [KS-3] - 3/3/2009	Rep Moran, James P. [VA-8] - 3/3/2009
Rep Murphy, Tim [PA-18] - 6/26/2009	Rep Myrick, Sue Wilkins [NC-9] - 4/30/2009
Rep Napolitano, Grace F. [CA-38] - 7/8/2009	Rep Neugebauer, Randy [TX-19] - 4/2/2009
Rep Norton, Eleanor Holmes [DC] - 3/10/2009	Rep Nunes, Devin [CA-21] - 4/2/2009
Rep Olson, Pete [TX-22] - 3/30/2009	Rep Paul, Ron [TX-14] - 3/3/2009
Rep Paulsen, Erik [MN-3] - 3/6/2009	Rep Payne, Donald M. [NJ-10] - 7/8/2009
Rep Pence, Mike [IN-6] - 3/24/2009	Rep Peterson, Collin C. [MN-7] - 4/30/2009
Rep Platts, Todd Russell [PA-19] - 3/6/2009	Rep Posey, Bill [FL-15] - 4/30/2009
Rep Price, David E. [NC-4] - 7/31/2009	Rep Reichert, David G. [WA-8] - 7/31/2009
Rep Roe, David P. [TN-1] - 4/2/2009	Rep Rooney, Thomas J. [FL-16] - 4/2/2009
Rep Ros-Lehtinen, Ileana [FL-18] - 3/6/2009	Rep Roskam, Peter J. [IL-6] - 3/3/2009
Rep Rothman, Steven R. [NJ-9] - 3/10/2009	Rep Ryan, Tim [OH-17] - 3/3/2009
Rep Sablan, Gregorio [MP] - 4/30/2009	Rep Schauer, Mark H. [MI-7] - 6/26/2009
Rep Schmidt, Jean [OH-2] - 3/30/2009	Rep Schock, Aaron [IL-18] - 5/7/2009
Rep Sessions, Pete [TX-32] - 3/3/2009	Rep Sestak, Joe [PA-7] - 5/4/2009
Rep Sires, Albio [NJ-13] - 6/26/2009	Rep Smith, Christopher H. [NJ-4] - 3/3/2009
Rep Souder, Mark E. [IN-3] - 5/13/2009	Rep Tauscher, Ellen O. [CA-10] - 3/10/2009
Rep Terry, Lee [NE-2] - 4/21/2009	Rep Thompson, Glenn [PA-5] - 4/27/2009
Rep Thompson, Mike [CA-1] - 3/17/2009	Rep Tonko, Paul D. [NY-21] - 6/12/2009
Rep Tsongas, Niki [MA-5] - 7/17/2009	Rep Turner, Michael R. [OH-3] - 7/8/2009
Rep Welch, Peter [VT] - 4/30/2009	Rep Wexler, Robert [FL-19] - 4/21/2009
Rep Wilson, Joe [SC-2] - 5/4/2009	Rep Wolf, Frank R. [VA-10] - 3/3/2009
Rep Young, C.W. Bill [FL-10] - 3/6/2009	Rep Young, Don [AK] - 5/4/2009

 

Senate ABLE Act of 2009 (S493) Cosponsors

 

Sen Casey, Robert P., Jr. [PA]
Sen Brownback, Sam [KS]

Sen Burr, Richard [NC] - 2/26/2009

Sen Dodd, Christopher J. [CT]

Sen Hatch, Orrin G. [UT] - 2/26/2009

Sen Kennedy, Edward M. [MA]

Sen Lautenberg, Frank R. [NJ] - 4/22/2009

Sen Risch, James E. [ID] - 4/30/2009

Sen Specter, Arlen [PA]

Sen Wicker, Roger F. [MS]

Sen Gillibrand, Kirsten E. [NY] - 7/30/2009

Sen Whitehouse, Sheldon [RI] - 10/1/2009

 

 

 

Disability Coalition Supports Health Reform that Includes Home and Community Based Services and Supports

From the JFA Moderator:

Last Friday, November 6, in anticipation of the House vote on Health Reform, the Justice For All Action Network (JFAAN), a coalition of diability-lead organizations and allies, sent the following letter to every member of the House of Representatives. 

>>> For More Information on JFAAN and its Current Work

November 6, 2009

 

Dear Speaker Pelosi, Minority Leader Boehner, and Members of the House of Representatives:

The disability community has been advocating for over twenty years for the equitable choice to receive support services in their own homes and communities rather than nursing homes or other institutions.  We believe this is a civil rights issue.   Though there has been progress reducing the institutional bias in Medicaid, we hope during this Year of Community Living (July 2009 – July 2010) and as we celebrate the 20^th anniversary of the Americans with Disabilities Act (ADA), this progress can continue.

For this progress to occur we believe the Administration and Congress must work with the states and the disability community in two areas.  One is stronger enforcement of the Supreme Court’s Olmstead decision and the other is protection of Medicaid optional home and community services in healthcare reform legislation.   The recent October 30^th letter from the Centers for Medicare and Medicaid Services (CMS) Regional Office to the State of Missouri,  detailing how they are not complying with the Olmstead decision and the steps CMS wants them to take in order to come into compliance,  is a positive example of what the disability community would like to see continued all over the country.

 >>> For more on the CMS Letter

States are currently reducing home and community services and people with disabilities and their families are being threatened with having to go into an institution because there are few community service options available.  Though we understand the economic realities confronting states, we believe that criteria must be developed and enforced by Department of Health and Human Services –Office of Civil Rights, CMS and the Department of Justice that protects our rights to services in the most integrated setting.   States currently have little guidance on what implementing the Olmstead decision means and we believe many states are currently violating the decision’s language of services in “the most integrated setting.  We believe the Administration should work with the disability community, National Governors Assn and the National Conference of State Legislators to assure the community integration rights of people with disabilities are protected.

The reform of the healthcare delivery system has been one of the highest priorities on the agenda of most national and state disability rights advocacy organizations in the country.  Expanding coverage to the uninsured and those of us with pre-existing conditions are just two of the major benefit of all the proposals that are currently moving forward in Congress.  People with disabilities of all ages have a personal stake in the outcome of the debate on how acute medical and long term services and supports are delivered and paid for though most of the discussions have surrounded doctors, hospitals, durable medical equipment, insurance companies and other payers of healthcare services.

 The Congressional proposals use the expansion of Medicaid as the payer for those currently uninsured for those up to 133% of poverty in the Senate bill and 150% of poverty in the House.  This is a logical approach because the legislation builds on a system that is established in every state in the country.  We support the expanding of Medicaid funding for the uninsured with some protections for those currently receiving Medicaid services.

Our concern is how the expansion of Medicaid for the low income uninsured will affect the delivery of Medicaid optional services for people with disabilities at a time that states are currently under extreme budget restraints and are reducing not only Medicaid optional services but also slashing education and other needed human services. Proposals in Congress have states picking up between 5%-23% of the costs of covering the low income uninsured.  Governors have expressed their concerns about  how absorbing  this increase will increase their deficits and may result in massive cuts in education and human services.

 The fact that all Medicaid home and community services are optional make them particularly vulnerable to cuts though these community long term care services are less expensive and overwhelmingly preferred over nursing home and other institutional services.  Currently US long term care policy makes it mandatory for states that choose to deliver Medicaid funded services must provide nursing home services.  The rebalancing of the long term care system, moving from funding focused on nursing homes and other institutions to a system giving a real choice for home and community services, has been accelerating over the last decade.  It would be a major irony if one unintended consequence of health care reform legislation was to reverse this rebalancing trend by putting states in the position to make the difficult and wrenching decision to cut home and community services and other optional services.

Though there are proposals to protect  from states cutting out Medicaid optional populations there is nothing in the bills that would prohibit states from cutting Medicaid optional services like home and community 1915 (c) waivers and/or the Personal Care Option.  We ask you to work with us to put in language in the legislation that will protect home and community services and continue the rebalancing of the long term care system that gives people with disabilities of all ages a real choice for services in the most integrated setting.  

President Obama declared that the year from July 2009 to July 2010 as the “Year of Community Living”.  On July 26, 2010 the disability community will celebrate the 20^th Anniversary of the Americans with Disabilities Act, ADA.  We hope that strong enforcement of the Olmstead decision and the passage of health care legislation by Congress will promote the values and principles of integration, inclusion and independence that are at the foundation of the ADA and of people with disabilities lives in the community.

If you have any questions, please call or email Andrew Imparato, President and CEO of the American Association of People with Disabilities (mobile: 443-386-2935  or email aimparato@aapd.com) or Bruce Darling, National Organizer for ADAPT (mobile: 585-370-6690 or email bdarling@cdrnys.org).

 

For an Institution and Barrier Free America,

 National

ADAPT

American Association of People with Disabilities (AAPD)

Autistic Self-Advocacy Network (ASAN)

Coalition for Community Integration

Disabilityworks

Hearing Loss Association of America (HLAA)

Little People of America

National Center for Environmental Health Strategies, Inc.

National Coalition of Mental Health Consumer/Survivor Organizations (NCMHCSO)

National Council on Independent Living (NCIL)

National Spinal Cord Injury Association

National Telecommuting Institute (NTI)

National Youth Leadership Network (NYLN)

Not Dead Yet

Self Advocates Becoming Empowered (SABE)

TASH

United Spinal Association

 

State

Consumer Directed Personal Assistance Association of New York State (CDPAANYS)

Disabled Action Committee (DAC Virginia)

Michigan ADAPT

NC Disability Action Network

New Jersey Association of Community Providers (NJACP)

New York Association on Independent Living

New York State Independent Living Council (NYSILC)

New York Association of Psychiatric Rehabilitation Services (NYAPRS)

Starkloff Disability Institute

Statewide Independent Living Council of GA, Inc.

Texas State Independent Living Council

 

Local

Boston Center for Independent Living

Chicago ADAPT

ECBConsulting

FRIDA

Paraquad

S.E. Kansas ADAPT

Interfaith Coalition Supports Long Term Services and Supports in Health Reform

From the JFA Moderator:

Last Friday, November 6, the Interfaith Disability Advocacy Coalition (IDAC) sent a letter (read full text below) to Congress supporting the inclusion of two important long-term services and supports provisions in health care reform, the Community First Choice (CFC) Option and the CLASS Act.  Hosted by AAPD's Interfaith Initiative, IDAC brings together national religious and religiously affiliated organizations to mobilize the religious community to speak out and take action on disability policy issues with Congress, the President and Administration, and society at large.

>>> For More on IDAC

 

November 6, 2009

Dear Member of Congress:

We, the undersigned members of the Interfaith Disability Advocacy Coalition (IDAC) and other religious and religiously-affiliated organizations, write to urge you to retain long term services and supports in health reform. The Community First Choice Option and the Community Living Assistance Services and Supports Act (CLASS Act) must be included in health reform to ensure that people with disabilities have access to critical long term services and supports that promote independence and dignity.

The Community First Choice Option would allow states to provide community-based attendant services and supports through a Medicaid state plan option to people with disabilities who are Medicaid eligible. Including the option in health reform will help to address Medicaid’s institutional bias, which often forces people with disabilities to live in institutions rather than in their homes and communities. Institutionalization severs individuals from society, greatly limiting their ability to contribute economically, socially, politically and spiritually.

The CLASS Act creates a national, affordable, voluntary long term care insurance program. By participating in this program, individuals will be able to receive cash benefits for necessary supports without being forced to rely on Medicaid. The CLASS Act would result in important savings to Medicaid while providing participants with the ability to exercise personal responsibility and choose how their services and supports are provided.

 

The Community First Choice Option and the CLASS Act must be included in health reform. The shared values of our faiths are in conflict with public policy that limits the choices and opportunities for older adults and people with disabilities. These proposals are crucial steps in fulfilling the promise of the Americans with Disabilities Act to “assure equality of opportunity, full participation, independent living, and economic self-sufficiency” for people with disabilities. They will help to make it possible for people with disabilities to continue contributing in their communities and congregations as well as to their nation.

Respectfully,

The American Baptist Home Mission Societies

Association of Jewish Family & Children's Agencies

Council for Health and Human Service Ministries of the United Church of Christ

Evangelical Lutheran Church in America

Friends Committee on National Legislation

Hindu American Foundation

Islamic Society of North America

Jewish Council for Public Affairs

L'Arche USA

Lutheran Services in America

National Council of Jewish Women

Presbyterian Church (U.S.A.) Washington Office

UJC/The Jewish Federations of North America

The Union for Reform Judaism Unitarian Universalist Association of   Congregations

United Methodist Church, General Board of Church and Society

For more on these provisions see previous JFActivist Action Alerts:

Action Alert: Support for CLASS Act Grows, Join in

URGENT! TODAY is a Turning Point for Long Term Services and Supports in Health Reform

Action Alert: THIS WEEK Support Long Term Services and Supports in Health Care Reform

Disability Coalition Applauds Health Care Legislation that expands coverage for People with Disabilities

Press Release from the Justice For All Action Network (11/9/09):

Disability Coalition Applauds Health Care Legislation

that expands coverage for People with Disabilities

Health Care Reform one of 12 items on Coalition Agenda

(Washington D.C.) -- The Justice for All Action Network (JFAAN), a coalition of disability-led organizations and allies, applauds health care legislation passed by the U.S. House of Representatives.   Passed Saturday in a House vote, the legislation increases the number of people with disabilities covered by health care and increases service options for people with disabilities. 

Key points of the legislation supported by JFAAN include:  expanding coverage to millions of people currently uninsured; a provision that makes it illegal for insurance companies to deny coverage based upon pre-existing conditions; and the inclusion of the CLASS ACT and the Community First Choice Option (CFC). 

"People with disabilities have much at stake as health care reform gets one step closer to passage," said Andrew Imparato, President and CEO of the American Association of People with Disabilities.  "A good barometer of the new system that emerges from health reform will be the extent to which it works well for people when they need it the most--whether people with disabilities and chronic health conditions can obtain acute care and long-term services and supports without incurring financial hardship or being forced into a nursing home or other institution."

Under the current system of health care, people with disabilities have no legal protection if they are denied coverage based upon their disability.  “With this bill, people with disabilities who have been denied because of pre-existing conditions will have a legal right to coverage,” said Gary Arnold of Little People of America. 

Additionally, the long-term care system currently denies the right of people with disabilities to receive services in the most integrated setting, a right recognized by the Americans with Disabilities Act (ADA) and the 1999 Olmstead Supreme Court Ruling.  Thousands of people in the United States are forced into nursing homes because supports, like personal assistant services, can only be accessed in institutions.   The Justice for All Action Network has advocated to include the CLASS Act and the CFC, which expand optional home and community services, in new healthcare legislation.  “The House vote is a good first step as we approach the 20^th Anniversary of the ADA.  We challenge Congress to finalize a bill that recognizes the civil right of people with disabilities to access to services in their homes,” said Bruce Darling of ADAPT, a grassroots disability rights group. 

Healthcare Reform is a key component of 12-point JFAAN Joint Campaign Agenda the coalition has developed that addresses major policy issues of people with intellectual, physical and psychiatric disabilities. Throughout the healthcare debate,  JFAAN members have, through outreach, direct action, and negotiation,  advocated for health care legislation that includes more long term care choices for people with disabilities.

Created in an effort to build a strong and unified cross-disability movement, the Justice for All Action Network is organized into a steering committee of 13 national consumer-led disability organizations and more than 20 organizational and individual members.  The group was formed in the wake of the 2008 Presidential Election.

About the Justice for All Action Network

 

Mission: The Justice for All Action Network is a national cross-disability coalition, led by disability groups run by persons with disabilities with support from allies, committed to building a strong and unified cross-disability movement so that individuals with disabilities have the power to shape national policies, politics, media, and culture.

Working as a coalition, JFAAN is committed to accomplishing each item on the coalition’s agenda by July 2010, the 20^th anniversary of the Americans with Disabilities Act. 

Steering Committee Members:  ADAPT, American Association of People with Disabilities, American Council of the Blind, Autistic Self Advocacy Network, Hearing Loss Association of America, Little People of America, National Association for the Deaf, National Coalition of Mental Health Consumer Survivor Organizations, National Council on Independent Living, National Federation of the Blind, Not Dead Yet, Self Advocates Becoming Empowered, United Spinal Association.

For more information, contact:

Andy Imparato, American Association of People with Disabilities, 202 521-4301, AImparato@aapd.com;

Kelly Buckland, National Council on Independent Living, 202-207-0334, kelly@ncil.org.

House Passes Health Care

*** Just In ***

The House of Representatives passed the Health Care Reform bill this evening, November 7 shortly after 11pm.  Thank you to all the JFA Readers and disability activists who have been following and taking action to support this legislation.

OR: Olmstead Victory! Last Institution for Developmentally Disabled Closes

Thank you Marsha Katz for Passing along this information.

Dear Friends,
As of the close of business yesterday, Oregon is the first state in the nation to have NO ICFs/MR ("Intermediate Care Facility for the Mentally Retarded").  This includes public and community facilities, as well as no Oregon citizens residing in ICFs/MR in other states. Oregon is now operating 100% under the community waiver.

Before yesterday, the only other state operating with no public or private ICFMRs was Alaska, and while it is true that Alaska no in-state ICFMRs, the state currently has about 10 people in out-of-state ICFMRs.

So CONGRATULATIONS! to Oregon, and here's hoping they serve as a role model for the rest of us!

Marsha

>>>For More Information on Oregon's Final Closure