The present legislature seems bent on acts of stupidity that will make us
the laughingstock of the country - just when I think things can't sink any
lower, some other silly legislation is introduced in the state legislature.
Kat
On Fri, Apr 5, 2013 at 3:35 PM, Barbara Hadley <[log in to unmask]> wrote:
> 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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> > >
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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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