Elizabeth Thiers, OTR
email: [log in to unmask]
homepage: http://www.bv.net/~john/bethsot1.html

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> From: Lenezyk, Carolyn <[log in to unmask]>
> To: fddclist <[log in to unmask]>
> Subject: Fw: Fw: Today's Herald -
> Date: Tuesday, April 27, 1999 3:53 PM
>
>
> Karen Rafinski's ,Miami Herald staff writer, article on "untouched funds
> for disabled" is posted below for those of you who have not viewed it.
Joe
> Krieger, Director, Florida DD Council and other advocates are
> quoted.--------
> > From: Walter Schoenig <[log in to unmask]>
>Published Monday, April 26, 1999, in the Miami Herald
> > >
> > >State funds for disabled sit untouched as lawmakers, others bicker
> > over
> > >use Funds for disabled sit untouched amid fights
> > >
> > >By KAREN RAFINSKI
> > >Herald Staff Writer
> > >
> > >Despite a promised $200 million infusion to Florida's long-starved
> > >services for
> > >developmentally disabled people, a solution to the crisis remains out
> > of
> > >reach.
> > >
> > >State officials do not have a concrete plan for spending it or even
> > an
> > >accurate
> > >assessment of where the money is needed. Parents, lawyers and
> > advocates
> > >are
> > >fighting over how the money should be spent. Though many had hoped
> > the
> > >funds might be used to settle federal lawsuits that have plagued the
> > >state,
> > >negotiations have broken down.
> > >
> > >How can a 40 percent budget increase that sailed through the
> > Legislature
> > >last
> > >week have failed to bring the parties together to help some of
> > Florida's
> > >most
> > >frail citizens?
> > >
> > >``The problem is there's almost an absolute lack of trust here,''
> > said
> > >Joe
> > >Krieger, director of the Florida Developmental Disabilities Council,
> > an
> > >advocacy group.
> > >
> > >The fact that the money has been set aside creates a more-positive
> > >picture, but
> > >lingering uncertainties are making parents and advocates nervous.
> > >Krieger's
> > >group bought newspaper advertisements this weekend congratulating the
> > >governor and Legislature for finally agreeing to spend the money.
> > Gov.
> > >Jeb
> > >Bush, who pushed for the budget increase, will hold a town hall
> > meeting
> > >-- his
> > >first -- in May to gather ideas.
> > >
> > >But the delay in coming up with a detailed plan for the
> > developmentally
> > >disabled has only fueled the infighting that has plagued the program
> > for
> > >years.
> > >
> > >The developmentally disabled can range from those so profoundly
> > retarded
> > >and disabled that they need institutional care to those whose mental
> > >disabilities
> > >are mild enough for them to live happily in the community with a
> > little
> > >help.
> > >
> > >Because Florida has never fully funded programs to help this
> > population,
> > >both
> > >groups have been fighting over scarce funds.
> > >
> > >About 15 percent of the state's developmentally disabled population
> > --
> > >those
> > >in expensive institutional care -- eat up about 70 percent of the
> > budget.
> > >Meanwhile, an estimated 10,000 people are waiting to get some kind of
> > >services, and many are getting no help at all.
> > >
> > >Reformers say more clients could be helped if those who could live in
> > the
> > >community were allowed to do that. But because those services
> > >traditionally
> > >have been underfunded, such community programs providing assistance
> > to
> > >those who want to live independently don't exist.
> > >
> > >Florida faces at least five federal lawsuits, and has been losing
> > battles
> > >in court.
> > >In one case, Cramer v. Bush, the state has been forced to continue
> > >funding
> > >care for more than 2,000 people in private institutions because a
> > federal
> > >judge
> > >ruled the state could not force patients out of a care facility
> > without
> > >adequate
> > >community programs.
> > >
> > >The case stems from a child, Brett Cramer, who is a wheelchair-bound
> > >resident at the Ann Storck Center in Davie. Brett has cerebral palsy,
> > is
> > >mentally retarded, and has a set of physical difficulties that would
> > >overwhelm
> > >any caregiver.
> > >
> > >In another case, a federal judge has said Florida could lose its
> > Medicaid
> > >funding for violating his order that services must be promptly
> > provided
> > >to
> > >developmentally disabled people.
> > >
> > >A tentative settlement of the lawsuits -- which included a global
> > reform
> > >plan --
> > >fell through in March when state officials backed off. The plan would
> > >have
> > >funded more community programs and given consumers more choices about
> > >where to get care. It would have cost an additional $100 million.
> > >
> > >But the plan didn't draw sufficient political support, particularly
> > >because
> > >attorneys would not guarantee they would keep the state out of court,
> > >said
> > >Carl Littlefield, the state's coordinator for developmental
> > disabilities.
> > >
> > >Attorneys for the developmentally disabled said they could not agree
> > to
> > >the
> > >state's terms because they had no way to enforce the settlement if
> > the
> > >state did
> > >not live up to its promises.
> > >
> > >``If they do what they say they're going to do, what's the problem?''
> > >said
> > >Steven Weinger, an attorney for the plaintiffs in several of the
> > suits.
> > >
> > >But the lack of a settlement or a spending plan puts everything on
> > hold
> > >and
> > >leaves the state at the mercy of the court.
> > >
> > >On Friday, state officials submitted a plan in the Cramer case that
> > >allows
> > >residents in private institutions to stay, and offers community
> > services
> > >to others
> > >who want to leave.
> > >
> > >Some of the plaintiffs signed onto that idea while the
> > Tallahassee-based
> > >Advocacy Center for Persons with Disabilities, which originally
> > brought
> > >the
> > >suit, submitted a much more elaborate plan. The judge has ordered
> > both
> > >sides
> > >to try to narrow their differences. A hearing will be scheduled in
> > June.
> > >
> > >Meanwhile, neither plan deals with other disabled people in state
> > >institutions or
> > >those in need of community services.
> > >
> > >``As long as there is no settlement, there is no plan,'' said
> > >Littlefield. ``As long
> > >as we're not able to formulate a creative plan, the whole thing
> > remains
> > >nebulous.''
> > >
> > >The plan would allot money based on taking care of the most critical
> > >needs
> > >first. But the Florida Department of Children and Families does not
> > have
> > >accurate numbers on the developmentally disabled, and state officials
> > do
> > >not
> > >have a good handle on those needs, he said.
> > >
> > >Advocates and providers now are lobbying in Tallahassee to secure a
> > piece
> > >of
> > >the budget.
> > >
> > >But it should not be handled that way, Krieger said.
> > >
> > >``I think the state should take control, get the input of all the
> > players
> > >and come
> > >up with a plan,'' he said. ``And one should ask, why isn't the
> > >Legislature at the
> > >negotiating table? Because unless the Legislature agrees, you don't
> > have
> > >a
> > >settlement for any of these lawsuits.''
> > >
> > >If a well-designed plan isn't implemented quickly, it will be
> > difficult
> > >to spend
> > >the $200 million wisely, Krieger said.
> > >
> > >And that could make it harder to go back for more money later on,
> > which
> > >many observers believe will be necessary.
> > >
> > >Littlefield hopes to draft a reform plan before the money becomes
> > >available on
> > >July 1.
> > >
> > >Meanwhile, parents like Lourdes Bravo of Miami are left waiting. She
> > has
> > >watched her daughter's ability to communicate through sign language
> > >deteriorate -- all because her speech therapist stopped coming
> > because
> > >there
> > >was no money for community services.
> > >
> > >``This is the most positive I've been in years because for the first
> > time
> > >the state
> > >is listening to us,'' Bravo said. ``What we're all hoping is that the
> > >judge will
> > >really hold the state's feet to the fire.''