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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