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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