It might and again it's a sign that the state wants to shuttle
responsibility to a third party.

Mike Collis, what's your take on this?  (he lives in NC, too)

Kat



On Fri, Apr 5, 2013 at 12:01 PM, Kendall D. Corbett <
[log in to unmask]> wrote:

> Wouldn't a private (company) administrator of a Medicaid program be held to
> the same standards as a governmental arm?  Still the chances of abuse do
> increase, and finding responsible parties could be more difficult.  But
> they'd have a tougher time invoking sovereign immunity.
>
>
> On Fri, Apr 5, 2013 at 3:42 AM, Kathleen Salkin <[log in to unmask]
> >wrote:
>
> > 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  ~~~~~
> > > >
> > > > -----------------------
> > > >
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> > > >
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> > > >
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>
>
>
> --
>
>
> Kendall
>
> An unreasonable man (but my wife says that's redundant!)
>
> The reasonable man adapts himself to the world; the unreasonable one
> persists in trying to adapt the world to himself. Therefore, all progress
> depends on the unreasonable man.
>
> -George Bernard Shaw 1856-1950
>
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