Unfortunately our new governor is talking about privatising our Medicaid system. *sigh* Kat (from NC) On Thu, Apr 4, 2013 at 10:07 PM, Harleen Singh <[log in to unmask]>wrote: > Is it safe to be happy about this? I don't want to jinx anything. ~Harleen > > On Thu, Apr 4, 2013 at 2:21 PM, Meir Weiss <[log in to unmask]> wrote: > > > -----Original Message----- > > From: OUR-KIDS-Adults [mailto:[log in to unmask]] On > Behalf > > Of > > Randy Ryan > > Sent: Thursday, April 04, 2013 12:56 > > To: [log in to unmask] > > Subject: [OKADULTS] Fwd: [Fvca] FW: Fourth Circuit Upholds Ruling > > Protecting > > North Carolinians with Disabilities > > > > *Fourth Circuit Upholds Ruling Protecting North Carolinians with > > Disabilities * > > > > *RALEIGH, N.C.*---The U.S. Court of Appeals for the Fourth Circuit > Tuesday > > denied North Carolina's request for a rehearing in Pashby v. Delia, > > upholding an important ruling protecting the rights of persons with > > disabilities to receive crucial Medicaid services. > > > > The appellate court affirmed U.S. District Court Judge Terrence Boyle's > > decision that enjoined a North Carolina Medicaid policy and halted cuts > to > > in-home personal care services. "This decision is an important victory > for > > thousands of North Carolinians relying on Medicaid. The court correctly > > held > > that some of North Carolina's policies had the potential to shift > > individuals who currently live at home into institutions, putting their > > health at risk and removing them from their support networks," said Sarah > > Somers, an attorney with the National Health Law Program (NHeLP), who > > represented the plaintiffs. > > > > The Appeals Court affirmed the lower court's conclusion that North > Carolina > > law created a dilemma in which it was harder for individuals living at > home > > to qualify for personal care services compared to those living in adult > > care > > homes (ACHs). This case marks the first time that the Fourth Circuit has > > held that the Americans with Disabilities Act (ADA) integration mandate > > protects people at risk of institutionalization, as well as those who > have > > already been institutionalized, and provides that they receive services > in > > the most integrated setting to allow them to live healthy and full lives. > > > > Because these services allow the plaintiffs to live in their homes and > > communities safely, they were forced to choose between moving into a > > facility in order to get those services, or remaining at home and risking > > their health and lives. > > > > "We are pleased that the Fourth Circuit has joined other federal courts > of > > appeals around the country and recognized that a person should not have > to > > actually be in an institution to fall under the ADA's integration > mandate," > > said NHeLP attorney Sarah Somers. > > > > In addition, the Appeals Court agreed with Judge Boyle's conclusion that > > ACHs are "institutional settings that segregate residents from the > > community." The Appeals Court also rejected the state's argument that > > budgetary concerns were a legitimate reason to stop providing in-home > > personal care services to people with disabilities when other conditions > > have not changed. > > > > "The state's bias towards institutionalizing people with disabilities > > violates the ADA," said Vicki Smith, executive director of Disability > > Rights > > North Carolina, who also represented the Medicaid beneficiaries. "We hope > > the court's decision will end North Carolina's reluctance to acknowledge > > that adult care homes are institutions. This decision should emphasize > the > > need for a permanent solution for providing services without creating an > > institutional bias. > > Providing support services within communities is cheaper and complies > with > > federal law---a double win for North Carolina taxpayers." > > > > The class action lawsuit was filed on May 31, 2011 to stop the N.C. > > Department of Health and Human Services from implementing cuts to in-home > > services. The state planned to cut assistance with bathing, dressing, > > toileting, mobility, and eating - cost-effective services on which > > individuals with disabilities, who have no other caretaker, depend to > avoid > > more costly placement in institutions such as adult care homes. At the > time > > the lawsuit was filed, nearly 3,000 people with disabilities would have > > been > > negatively impacted if the State's policy had gone into effect in June > > 2011. > > > > Lawyers from Disability Rights North Carolina, Legal Services of Southern > > Piedmont, and the National Health Law Program are representing the > > plaintiffs in this lawsuit. > > > > ### > > > > The National Health Law Program protects and advances the health rights > of > > low income and underserved individuals. The oldest non-profit of its > kind, > > NHeLP advocates, educates and litigates at the federal and state levels. > > > > www.healthlaw.org > > > > ~~~~~ Website: http://www.our-kids.org/OKAdults ~~~~~ > > > > ----------------------- > > > > To change your mail settings or leave the C-PALSY list, go here: > > > > http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?SUBED1=c-palsy > > > > ----------------------- > > To change your mail settings or leave the C-PALSY list, go here: > > http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?SUBED1=c-palsy > ----------------------- To change your mail settings or leave the C-PALSY list, go here: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?SUBED1=c-palsy