Hopefully, NC will take a lesson from the recent events in Virginia. The Fed govt demanded that all the institutions be closed. Virginia had to foot the bill for getting people back into their homes, or in certain situations, alternative placement. This, of course, overwhelmed the DD/ID wait list. Then the Fed made Virginia offer $3,000 annually (to be used for documented services) to those of us on that waitlist, since our number will not be coming up as soon. I'm good with that.
Barbara (mom to Tina)
-----Original Message-----
From: Cerebral Palsy List [mailto:[log in to unmask]] On Behalf Of Kathleen Salkin
Sent: Friday, April 05, 2013 3:18 PM
To: [log in to unmask]
Subject: Re: FW: [OKADULTS] Fwd: [Fvca] FW: Fourth Circuit Upholds Ruling Protecting North Carolinians with Disabilities
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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> > >
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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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>
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