An Open Letter to Governor Rendell

July 10th, 2009

Governor Edward G. Rendell
225 Main Capitol Building
Harrisburg, Pennsylvania 17120

July 10, 2009

Governor Rendell,

We’re greatly disappointed that Senate Bill 850 may yet be passed by the House. It’s fairly evident that passage of this bill would be a political ploy to convince Republicans that a broad-based tax increase is necessary.

We’re appalled that our state government continues to use the disabled community as a political pawn. How can our political officials even consider using our people as a negotiating tool?

Although times are tough, cutting vital human service programs as proposed in the Bill is fiscally and morally irresponsible. The plain truth of the matter is that receiving these services is a matter of life and death to some disabled Pennsylvanians.

Please make sure that the 2009 Pennsylvania budget funds people first. Any approved budget needs to at least maintain current funding for these vital human service programs.

Sincerely,

Western PA ADAPT
Phone: 724-652-5144
Fax: 724-652-5158

Obama Administration Continues Institutional Bias in Healthcare Reform

July 8th, 2009

The nation’s largest grassroots disability rights organization, ADAPT, expressed outrage today at the Obama administration’s selective endorsement of one piece of proposed long term care legislation while refusing to support a companion measure aimed at eliminating the institutional bias in Medicaid for aging or disabled lower income people that Obama, with strong support from over 80 national disability and aging organizations, co-sponsored as a Senator.

On July 6, Kathleen Sebelius, Secretary of Health and Human Services, sent a letter to Sen. Edward Kennedy, Chair of the Senate Health, Education, Labor and Pensions Committee, expressing President Obama’s support for Kennedy’s “CLASS Act,” which would allow middle class Americans to set aside money from their paychecks in anticipation of the expenses they will likely face for long-term services and supports as they age, or acquire a disability. After paying into the fund for at least 5 years, workers or their non-working spouses could draw on the fund for long-term services and assistance, either in a nursing home or in the community. Workers who wish could opt out of the program, an outcome more likely in tough economic times or in cases where low worker-wages barely cover individual or family survival expenses.

“Those of us with disabilities, who are aging, and who aren’t able to work are outraged that the President has issued public support for this primarily middle class legislation, and has completely ignored the companion legislation that would include lower income disabled and older people in reform of long term services and supports, and health care reform,” said Bob Kafka, Texas ADAPT Organizer. “It’s like we don’t exist!”

ADAPT and a multitude of other national disability and aging organizations in Washington have gone on record in support of Sen. Kennedy’s CLASS Act only if it is paired with a “fix” for Medicaid addressing lower income and non-working people, similar to provisions contained in the Community Choice Act (CCA). CCA inserts the concept of “personal choice” into the law, adding language that mandates states to pay for help in a person’s own home the same way the law mandates them to pay for nursing homes. Current law can force people with disabilities and who are aging into nursing homes in order to receive services that can just as easily be delivered in the community. Research has demonstrated that community-based assistance is almost always less expensive.

“When President Obama was a senator, he co-sponsored CCA,” said Dawn Russell, ADAPT Organizer from Denver Colorado, “and when he campaigned for the Presidency, he pledged to support CCA. But since he was elected, and we met with his people at the White House they told us that he will not include long term services and supports in health care reform. When we heard that, we expressed our disappointment and anger in a peaceful protest outside the White House. The President responded by having us arrested, and there were very heavy fines levied against us. It feels like the President is trying to intimidate and silence us so we won’t speak up for people with disabilities, people with low incomes, and those who are aging who are at risk of being forced into nursing homes under the current law.”

Because the CLASS Act does not address the Medicaid “institutional bias,” people who use up the benefits they save under the act will still face having to move to nursing homes to keep getting assistance, unless they can afford to stay in their own homes because of other resources they have.

“When I voted last November, I was sure I was voting for a great man who would bring freedom to people with disabilities,” said Bruce Darling, ADAPT Organizer from New York. “Just as President Lincoln freed the slaves, I felt that President Obama would free those of us with disabilities from the continued threat of incarceration in a nursing homes and institutions. Now, I feel like a fool, because this administration apparently cares nothing for us and has no respect for our freedom and our civil rights.”

Pennsylvania and the Olmstead Decision

July 7th, 2009

June 22, 2009 marked the tenth anniversary of the day that the United States Supreme Court held in Olmstead v. L.C. that the unnecessary segregation of individuals with disabilities in institutions may constitute discrimination based on disability. The court ruled that the Americans with Disabilities Act requires states to provide community-based services rather than institutional placements for individuals with disabilities.

In a 6-3 opinion the court said that “unjustified isolation of individuals with disabilities is properly regarded as discrimination based on disability.” The Olmstead ruling provides an important clarification about how states should comply with Title II of the ADA. The Olmstead decision confirmed that states must ensure that Medicaid-eligible persons do not experience discrimination by being institutionalized when they could be served in a more integrated setting. This obligation is sometimes known as the ADA ‘integration mandate’.

The ‘integration mandate’ of the Americans with Disabilities Act requires public agencies to provide services “in the most integrated setting appropriate to the needs of qualified individuals with disabilities.”

The Supreme Court mandated that states must develop their plans for integrating institutionalized people into the community in collaboration with people with disabilities.

The Commonwealth of Pennsylvania has failed to comply with this ruling of the Supreme Court of the United States. Pennsylvania still does not have a comprehensive plan ten years after the Olmstead decision was handed down. This failure to act has violated the rights of those disabled individuals who wish to leave segregated settings and to be included in their communities.

Pennsylvania needs to promptly develop and implement an Olmstead plan. Let your legislators know that Pennsylvania needs to show how, who, and when people will be moved out of institutions:

http://www.disabilityoptionsnetwork.org/stategovernment.php

Pass the Community Choice Act

May 8th, 2009

On March 24, 2009 Representative Danny Davis (D-IL) [H.R. 1670] and Senator Tom Harkin (D-IA) [S. 683] reintroduced the Community Choice Act (CCA) in Congress. This bill would provide people with disabilities and seniors with the option of receiving home support services rather than having to go into nursing homes and institutions.

Our long-term service system must change. Created over forty years ago, it is funded mainly by Medicare and Medicaid dollars; medical dollars not originally meant to meet people’s long-term care needs. We must think out of the box to empower people and allow REAL choices.

Our country needs to give people with disabilities and seniors the real choice of living in their community, and the Community Choice Act would do that. Community choice would also create jobs for people who can work as personal care attendants.

People with disabilities – both old and young – even those with severe mental and/or physical disabilities want services in the most integrated setting possible. Overwhelmingly, people prefer community services so they can stay in their own home.

The Community Choice Act would guarantee individual choice as well as provide a real savings in economically troubled times. The CCA will protect the human right of people with disabilities to live in their own homes, instead of being forced into institutions or nursing homes. It will also save America money because community based supports cost far less than what it takes to live in a nursing home. We can no longer deny our citizens the right to live where they choose.

Let your federal representatives know that you support the Community Choice Act. If they’ve already sponsored the bill, thank them and ask them to make sure it included in health care reform. If they haven’t sponsered it, let them know you would like them to sign on to the Community Choice Act and make it part of health care reform this year.