JFActivist

Know Your Rights! DOJ Issues New Technical Assistance Document on Enforcement of Olmstead

via The Department of Justice (6.23.11):

Justice Department Issues Technical Assistance Document on Enforcement of the Supreme Court Decision in Olmstead v. L.C.

WASHINGTON – The Department of Justice released a new technical assistance document describing public entities’ obligations and individuals’ rights under the integration mandate of title II of the Americans with Disabilities Act (ADA) and the 1999 landmark Supreme Court decision, Olmstead v. L.C.  The Olmstead decision held that the ADA requires public entities to provide community-based services to persons with disabilities when such services are appropriate; the affected persons do not oppose community-based treatment; and community-based services can be reasonably accommodated.  The document also provides questions and answers on a variety of ADA enforcement issues related to Olmstead. 

Additionally, in commemorating the 12^th anniversary of the Olmstead decision yesterday, the department launched a new section of its ADA website, www.ada.gov/olmstead, providing information and resources about the decision and its enforcement. In addition to the newly created technical assistance document, users can visit the site to find briefs filed by the Department, as well as other materials relevant to this important area of law. 

The ADA website provides easy access to an extensive collection of ADA technical assistance materials and settlement agreements, as well as information about enforcement, mediation, technical assistance and certification activities and links to other sites with ADA information. The addition of the new Olmstead section of the site will provide critical information to individuals with disabilities, advocates and state and local officials responsible for complying with the ADA’s integration mandate...

 

>>>To Read the Full Press Release

 

Knowledge is power! How will you help spread the word about this crucial information? Share your thoughts in the comments below.

Olmstead Champion Meets the President

via the White House blog (6.22.11):

Olmstead Champion Meets the President

by Sue Jamieson

The memories of living in institutional settings since the age of 13 will always be with Lois Curtis even though her life today is beyond what she ever could have imagined when she made the first of many brave phone calls to my office at the Atlanta Legal Aid Society saying, “I want to get out!” The journey (and struggle) from that day includes an historic Supreme Court decision, a home of her own and a successful career as an artist. And now, a meeting with President Barack Obama in the Oval Office as we observe the 12th anniversary of the Olmstead decision.  

The Olmstead story began long before the Supreme Court decision. Lois and another plaintiff, Elaine Wilson (who passed away in 2004), were in a state psychiatric hospital in Georgia. They filed suit in 1995 seeking disability services in the community...

...And, as we all now know, the U.S. Supreme Court eventually held that the unjustified institutional isolation of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act, thus taking a giant step forward for the millions of people with disabilities across the country.

Lois’ story did not end after that landmark Supreme Court decision. In fact, that decision launched a new journey. After living in staffed residential homes since her release from the institution, Lois now rents a beautiful home in the Stone Mountain area of Georgia...

>>>To Read the Full Post

 

On this 12th anniversary of Olmstead, how can we honor Lois and Elaine's legacy? Please share your thoughts in comments below.

On the Anniversary of Olmstead, Obama Administration Recommits to Assist Americans with Disabilities

via the White House (6.22.11): 
 

On Anniversary of Olmstead, Obama Administration Recommits to Assist Americans with Disabilities

On June 22, 1999, the Supreme Court ruled in Olmstead v. L.C. that, under the Americans with Disabilities Act (ADA), the unjustified institutional isolation of people with disabilities was a form of unlawful discrimination.  Since taking office, the Obama Administration has taken many steps to uphold both the letter and the spirit of the ADA.

“The landmark Olmstead case affirmed the rights of Americans with disabilities to live independently,” said President Obama. “On this anniversary, let’s recommit ourselves to building on the promise of Olmstead by working to end all forms of discrimination, and uphold the rights of Americans with disabilities and all Americans.” 

Since the Olmstead ruling, much progress has been made. Many individuals have successfully transitioned to community settings, but waiting lists for community services have grown considerably and many individuals who would like to receive community services are not able to obtain them...

>>>For the Full Press Release

 

ADAPT Issues Call for Real Medicaid Reform, DC Rally to be Held Sept. 21st

via ADAPT (6.21.11):
 

ADAPT Calls on Washington and the States to Endorse Real Medicaid Reform that Protects the Civil Rights of Seniors and People with Disabilities

June 22nd is the anniversary of the landmark Supreme Court decision in Olmstead, which applied the integration mandate of the Americans with Disabilities Act (ADA) to long term services and supports.  In that decision, the Supreme Court affirmed that people with disabilities have a civil right to live in the community in the most integrated setting.  Twelve years later, members of Congress and state governments are trying to de-fund that right by cutting Medicaid and giving states “flexibility” to cut programs that assist people with disabilities and seniors to live in their own homes and communities. 

In response to these harmful federal proposals, ADAPT is launching a campaign for real Medicaid reform that protects people’s liberty in every state of the country.  Over the next few months, ADAPT and other disability organizations are mobilizing their members to visit their Congressional and state representatives and organize events in Washington DC and every state.  “We need to remind these federal and state policy makers that de-funding Medicaid de-funds our freedom and that is not acceptable,” said Rahnee Patrick, ADAPT Organizer from Chicago. 

While Congressional Democrats have vowed to protect seniors and nursing facilities, their current proposals also cut vital home and community-based services that allow seniors and people with disabilities to stay in their own homes.  “Congress and state governments need to recognize that the freedom of Americans with disabilities and seniors is a civil rights ‘entitlement’ that they shouldn’t eliminate or diminish,” said Bruce Darling, ADAPT Organizer from Rochester, NY.

The campaign will be highlighted with a rally in Washington DC on Capitol Hill, Wednesday September 21st.  ADAPT and the other campaign organizers are urging disability, senior and civil rights organizations in every state to hold their own events this summer and immediately begin working to bring people with disabilities and older Americans to our nation’s capital in September.  For more information on the rally, go to ADAPT’s website at www.adapt.org.

ADAPT continues to meet with Congressional representatives and identify ways to contain Medicaid spending that implement people’s right to live in the community and save taxpayer dollars at the same time.  These proposals include:

Expand the use of community-based services.  Studies have demonstrated that by reducing the over-reliance on institutions and nursing facilities and shifting toward more cost-effective community-based services, states can contain Medicaid spending.  Despite the growing body of evidence showing that community-based services are more cost effective, the federal government still allows states to continue their wasteful, institutionally-biased practices...

>>>For the Full Press Release

 

Mobilize for Medicaid! Please use comments below to share how you are organizing in your area, strategy ideas, thoughts on effective organizing tactics, etc! 

Senators Write to President to Save Medicaid from Chopping Block

via AAPD (6.20.11):

Senators Write to President to Save Medicaid from Chopping Block

Senator Jay Rockefeller (WV) and 40 other Senators sent a letter June 9, 2011 to President Obama stating their opposition to block grant, cap, or otherwise eliminate or slash Medicaid coverage for our nation’s most vulnerable citizens, which includes people with disabilities.   According to a poll by the Kaiser Family Foundation from May, most Americans oppose the idea of converting Medicaid to block grant financing to reduce the federal deficit.  About half of Americans say they or a friend or family member has received Medicaid assistance at some point, and a similar share say the program is important to their family. 

 

>>>To Read the Senators' Letter

Medicare Proposes New Standards for Community Mental Health Centers

via the Centers for Medicare and Medicaid Services (6.16.11): 

Medicare proposes new standards for Community Mental Health Centers

The Centers for Medicare & Medicaid Services (CMS) today issued a proposed rule that is designed to improve the quality and safety of treatment provided to more than 25,000 Medicare beneficiaries who receive care at Community Mental Health Centers (CMHCs) each year.

The notice of proposed rulemaking would establish conditions of participation (CoPs) for CMHCs for the first time.  The proposed rule includes health and safety standards for CMHCs that participate in the Medicare program, and are an important step in CMS’ commitment to assuring the delivery of safe, quality care to clients of CMHCs.   In particular, the proposed new conditions focus on a client-centered, outcome-oriented approach.

“This rule proposes new provisions that will protect the tens of thousands of Medicare beneficiaries who receive care from a CMHC every year,” said CMS Administrator Donald M. Berwick. “Memorializing the best practices of behavioral healthcare in new Medicare standards gives us the unique opportunity to be sure that safe and effective client-focused care is available to all clients in all communities”...

>>>For the Full Press Release...

 

How do you feel this rule will "assure the delivery of safe, quality care to clients of CMHC's"? Share your thoughts in comments below.

 

Netflix Violates ADA, National Association of the Deaf Files Suit

via The Disability Rights Education and Defense Fund (6.16.11):

National Association of the Deaf Files Disability Civil Rights Lawsuit against Netflix

Deaf and Hard of Hearing Plaintiffs Charge that Netflix Violates the Americans with Disabilities Act by Not Providing Equal Access to its “Watch Instantly” Streaming Content

The National Association of the Deaf (NAD), the nation’s premier civil rights organization of deaf and hard of hearing individuals, announced the filing of a major federal lawsuit against Netflix today in U.S. District Court, District of Massachusetts, Western Division in Springfield, MA (Case No. 3:11-cv-30168). The lawsuit charges the entertainment giant with violating the Americans with Disabilities Act (ADA) by failing to provide closed captioning for most of its “Watch Instantly” movies and television streamed on the Internet. 

The New York Times has described Netflix as the “only major player in the online-only video subscription business.” Netflix has over 60% of the streamed video services market share. 

An estimated 36 million Americans are deaf or hard of hearing. The deaf and hard of hearing community has repeatedly expressed concerns—via letterspeetitionsbllogsanssoociamedia—to Netflix about its failure to provide equal access to “Watch Instantly.” 

“We have tried for years to persuade Netflix to do the right thing and provide equal access to all content across all platforms. They chose not to serve our community on an equal basis; we must have equal access to the biggest provider of streamed entertainment. As Netflix itself acknowledges, streamed video is the future and we must not be left out,” said NAD President Bobbie Beth Scoggins...

>>>To See the Full Press Release...

What additional advocacy steps do you think our community should take to place pressure on Netflix? Share your thoughts in comments below.

In IL: Settlement Gives 3,000 People with Developmental Disabilities Choice of Community-Based Housing

via the Chicago Tribune (6.15.11):
Deal gives 3,000 developmentally disabled people choice of community-based housing
 

Settlement gives state 6 years to complete plan

by Lisa Black

State officials will begin drawing up plans to move 3,000 people with developmental and intellectual disabilities into community-based housing of their choice, as directed under a federal settlement approved Wednesday that allows for a six-year timetable.

The governor's office praised the settlement, which will expand services to new residents on a 21,000-member waiting list — but officials offered no answers on how they expect to pay additional costs during Illinois' fiscal crunch.

"The final cost will be determined by how many people elect community-based care," said Januari Smith, spokeswoman for the Illinois Department of Healthcare and Family Services and the Department of Human Services, the defendants in the lawsuit.

>>>For the Full Article...

 

How do you think IL residents with developmental disabilities will respond to having this option? Share your thoughts in comments below.

 

Do You Support Services in Truly Integrated Settings? Take Action Today!

Via Luda Demikhovskaya (6.13.11):
 

Push New Medicaid Rules Supporting Services in Truly Integrated Settings by:  

TODAY, Tuesday at 5pm!

 

TAKE ACTION HERE!

 

Support Proposed Regulations for Medicaid Home- and Community-Based Waivers!

June 13, 2011 -- The Bazelon Center for Mental Health Law urges you to support rules proposed by the Centers for Medicare and Medicaid Services (CMS) that would help ensure scarce waiver dollars are used to support services in truly integrated settings -- not settings that are institutional in nature!

Use the Bazelon Center's comments as a model, or tell CMS that you agree with our comments. Also, consider telling CMS to include the "qualities of an institution" list in the regulation -- not in the background; and that there is no reason to have separate rules for assisted-living facilities.

Submit Comments by Tuesday, June 14, 5 PM EST electronically via http://www.regulations.gov.

Follow the instructions under the "More Search Options" tab.

Include reference code CMS-22296-P.

You can find the Notice of Proposed Rulemaking here.

The Proposed Rules:

• Permit states to serve individuals with different types of disabilities in one waiver.
• Define "home and community-based."
• Include requirements for person-centered planning.
• Indicate that waiver services must not be provided in "a building that is also a publicly or privately operated facility that provides inpatient institutional treatment or custodial care; in a building on the grounds of, or immediately adjacent to, a public institution; or a housing complex designed expressly around an individual's diagnosis or disability, as determined by the Secretary." 
• And, among other things, indicate that waiver services must not be provided in a setting that "has qualities of an institutional setting." CMS notes that such qualities may include regimented meal and sleep times, limitations on visitors, lack of privacy and other attributes that limit individuals' ability to engage freely in the community.

Communities of Color Make up 43% of Medicaid Population with Disabilities: The Ryan Proposal's Disproportionate Impact

via the Leadership Conference on Civil and Human Rights (6.10.11): 

Ryan Proposal to Block Grant Medicaid Would Disproportionately Impact Communities of Color

House Budget Committee Chairman Paul Ryan’s budget plan, which the House passed on April 15, 2011, would dramatically restructure Medicaid by converting it to a block grant and sharply cutting the program’s funding. This would almost certainly affect tens of millions of low-income Medicaid beneficiaries adversely over time. The impact on communities of color would be disproportionately severe since they comprise 56 percent of the Medicaid population.

To compensate for the steep reductions in federal funding, states would either have to contribute far more in funds, or, as is more likely, exercise the new flexibility under the block grant to cap enrollment, substantially scale back eligibility, and curtail benefits for seniors, people with disabilities, children, and other low-income Americans who rely on Medicaid for their health care coverage. This, in turn, would put at communities of color at serious risk.

People with disabilities: These individuals constitute 15 percent of Medicaid beneficiaries but account for 42 percent of all Medicaid expenditures, mostly because of their extensive health and long-term care needs. Capping federal Medicaid funding would place significant financial pressure on states to scale back eligibility and coverage for this high-cost population, many of whom would be unable to obtain coverage elsewhere because of their medical conditions. Communities of color make up approximately 43 percent of the Medicaid population with disabilities, with Blacks comprising 29 percent, Asians 2 percent, and Hispanics 7 percent, respectively...

>>>To Read LCCHR's Full Report...