-----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  ~~~~~

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