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ADA Watch, a project of the National Coalition for Disability Rights (NCDR), recently launched an on-line petition in support of the Americans with Disabilities Act (ADA), Charles Lane, and Beverly Jones, in response to the Supreme Court case Tennessee v. Lane. This appeal originates from a suit brought by George Lane and Beverly Jones. Mr. Lane, an amputee, had to crawl up the stairs of the state court house to defend himself against criminal charges because it lacks an elevator and the state refused to conduct the proceedings in an alternate accessible location. Ms. Jones who is wheelchair mobile is a court reporter and was unable to get to the courtroom to do her job because of a similar refusal by the state to provide reasonable accommodations. A negative ruling in this case might suggest that Congress did not have the power to enact many of the core provisions of the Americans with Disabilities Act. If you support the provisions of the ADA, sign the Save the ADA Petition today!
In the federal budget for FY 2004 there will be a "Money Follows the Individual" Rebalancing Demonstration allocation of $1.75 billion over five years, with $350 million proposed for FY 2004. This five-year demonstration would assist states in developing and implementing a strategy to offer individuals a choice between institutional and community care. Simply put, "Money follows the individual" means that when an individual in a nursing home or other long term care institution chooses to leave that environment, the funds necessary to support the individual's service needs in the community are reallocated from the budget of the institution to that of the community. The new demonstration money will be released to states in October 2003. Begin a discussion with your state's Legislators and Medicaid Director now. Let them know how a "Money Follows the Individual" approach can benefit your community. For information on this new approach, call the United States Department of Health and Human Services (HHS) toll-free at (877) 696-6775.
On July 24, 2003, the Bush administration sent a new proposal to Congress that could provide significant new incentives and resources for States to offer people with disabilities community-based alternatives to nursing home care. This proposal, the "New Freedom Initiative Medicaid Demonstration Act of 2003," would offer greater choice to individuals and their families. This draft bill is now waiting for sponsorship from members of the House and Senate and has not been assigned a bill number. The bill would authorize a ten-year demonstration project beginning in Fiscal Year 2004 and would offer states the opportunity to test the effectiveness of various community-based care services, including:
The bill, via Section 5, would also address the shortage of community and home service care workers via grants that would be used to identify and test approaches to recruiting and retaining such workers. Section 6 of the bill would appropriate $1.75 billion over five years for competitive grants to States to develop and implement a strategy to re-balance their long term care systems in order to (1) offer individuals in institutions more choice over whether to live in their own communities; and (2) to reduce reliance on institutions and increase community-based options over time. Section 7 of the bill would give States the option of providing individuals with home and community-based services under Medicaid for up to 90 days while their eligibility for Medicaid is being determined. Section 8 of the bill would continue Medicaid eligibility for spouses of disabled individuals who return to work.
Tell your representatives what you think of this bill and how it could affect you and your loved ones. To locate your representatives, visit the U.S. House of Representatives and the U.S. Senate.
On July 11, the U.S. Senate introduced the Money Follows the Person Act of 2003 (S. 1394). The bill would establish a demonstration project under the Medicaid program to encourage states to allow the money to follow the person currently being used for nursing homes or other institutions as they move out into the community onto community-based services. S. 1394 was referred to the Senate Committee on Finance. For more information on S. 1394 or any other bill, please visit Thomas online.
MiCASSA, the Medicaid Community Attendant Services and Supports Act of 2003, a federal bill that would guarantee home-based care services to eligible individuals with disabilities, will soon be reintroduced in both the Senate and the House. The provisions of the 2003 Act are expected to be very similar to those introduced in the last session of Congress. This Act would provide, among other things:
The benefits listed above are just a few. If you or someone you know can benefit from the passage of this bill, it is essential that you speak with your representatives to encourage their support. American Disabled for Attendant Programs Today (ADAPT) offers excellent suggestions on how you can approach your representatives and also offers a helpful MiCASSA Packet, which includes talking points. To learn more about this bill or how you can join ADAPT in advocating for the passage of MiCASSA, call (303) 733-9324 or e-mail national@adapt.org.
The Administration has introduced a bill to dramatically restructure the Housing Voucher program, widely known as the tenant-based Section 8 program. The proposal, called Housing Assistance for Needy Families or HANF, has been introduced in the House and Senate. The proposal calls for changes that would eliminate preference to homeless families and people with disabilities and also allows states to allocate fewer vouchers to those with the lowest median incomes, encouraging states to grant vouchers to families with higher incomes. The biggest change calls for the allocation of funds to states in a block grant rather than funding to housing authorities for a specific number of vouchers. This, certain experts argue, could lead to a decline in the value of housing subsidies over time relative to sharply rising housing costs. To learn more about the possible effects of this new proposal, read the National Alliance to End Homelessness' HANF Analysis.
Representative Mark Foley has introduced the Americans with Disabilities Act (ADA) Notification Act for consideration in the House of Representatives. If approved, this legislation would require that people with disabilities notify facilities that they believe are in violation of the ADA 90 days before they bring a lawsuit. This act also calls for the disallowance of attorneys fees. According to a press release issued by the National Council on Disability (NCD) opposing this act, "while at first impression the proposed amendment's 90 days notice requirement does not appear to be an imposing burden for an aggrieved individual to correct an ADA violation, this provision, combined with its accompanying disallowance of attorneys' fees and costs within the notice period, will have the drastic effect of creating a nationwide exemption to the ADA. It encourages businesses to do nothing until they get a letter of notification - no other civil rights law has a notice provision like this." To learn how the passage of this act may affect you or someone you care about, contact Mark Quigley with the NCD by phone at (202) 272-2004 or by e-mail at mquigley@ncd.gov.
Senator Susan Collins (R-ME), along with Senators Elizabeth Dole (R-NC), Zell Miller (D-GA), John Kerry (D-MA), Arlen Specter (R-PA), John McCain (R-AZ), and Saxby Chambliss (R-GA) introduced "The David Jayne Medicare Homebound Modernization Act" (S. 598) in the U.S. Senate. The bill seeks to amend title XVIII of the Social Security Act to provide for a clarification of the definition of homebound for purposes of determining eligibility for home health services under the Medicare program. As the Act is written now, individuals may not leave their homes for any extended period of time if they wish to remain eligible for home care services. Making anyone receiving such services a prisoner in their own homes, cut off from the world. David Jayne, for whom the bill is named, has waged a battle against this "homebound" requirement. He has launched a website in support of his battle, National Coalition to Amend the Medicare Homebound Restriction (NCAHB) for Americans with Significant Illness. This website features a petition to which you can sign your name in support of David Jayne's initiative. It also features stories of those who have remained homebound so to preserve their eligibility for home care services under Medicare. Please visit this website to learn more about this initiative and recently introduced Sentate Bill.
National Council on Disability (NCD) released two policy briefs analyzing and responding to the problematic aspects of the Americans with Disabilities Act (ADA) decisions of the U.S. Supreme Court. As you may know, the Supreme Court has made a wave of decisions against the landmark legislation, weakening the law's protective barrier for all people with disabilities. The first policy brief, entitled "Negative Media Portrayals of the ADA," identifies some common myths and misconceptions largely created by biased and negative media coverage of the law. The second policy brief, entitled "Defining 'Disability' in a Civil Rights Context: The Court's Focus on Extent of Limitations as Opposed to Fair Treatment and Equal Opportunity," provides an overview of the origins of the statutory language found in the ADA definition of disability; considers the dramatically narrowed scope of the ADA's coverage resulting from a series of hostile federal court decisions; looks to the experiences of several states that have adopted independent and broader definitions of "disability" for the purposes of antidiscrimination statutes; examines the models and definitions of "disability" used beyond the borders of the United States. To read these policy briefs, visit the NCD Newsroom and click on "Publications."
February 2003 Update: Thanks to Nick Dupree and the efforts of thousands of other advocates, HHS has approved an Alabama Medicaid Waiver that will extend home care services to individuals with disabilities beyond the age of 21. There are still plenty of states that do not offer such a waiver. Do you live in such a state. It's time to speak up against institutional bias! It's time that all people with disabilities are given the choice to live in their communities! Visit Nick's website or e-mail him at NickSD@aol.com to learn how he successfully advocated for his rights.
In just a few short weeks, Nick Dupree, an Alabama resident will turn 21. An eager turning point for many, a potential disaster for Nick. You see, at the stroke of Midnight on February 23, 2003, at the age of 21, Nick will lose his eligibility for home care services under Alabama's Medicaid program. Without this care, his family will be faced with an unfortunate choice: either move Nick to a nursing home in Louisiana hundreds of miles away, or take full responsibility for the 24-hour home care he requires. His family is determined to keep Nick out of a nursing home.
This choice is forced by a policy included in the original 1965 Medicaid language, stating that home care services will be covered by Medicaid only until the age of 21. While some states, such as Massachusetts, Maine and Pennsylvania, have developed Medicaid plans that allow for adult home care, many others, like Alabama, are simply meeting the bare minimum required by law.
In an effort to change the Alabama Medicaid policy, On March 13, 2001, Nick launched Nick's Crusade. Nick's website is just one aspect of his crusade to change the state of Alabama's Medicaid law. Chances are you or someone you know will benefit from a revised Medicaid policy. For the sake of Nick and all the others like him, please join other advocates in urging the president to take immediate action on this issue. Please write today!
George W. Bush
President of the United States of America
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500
Fax: (202) 456-2461
Public Comment Line: (202) 456-1111 or (202) 456-6213 (TYD/TDD)
E mail address: president@whitehouse.gov
To learn more about this issue, please read a letter written by Bob Williams and Henry Claypool of Advancing Independence: Modernizing Medicare and Medicaid (AIMMM For a Better Tomorrow).
Department of Health and Human Services (HHS) announced that President Bush will propose a new $1.75 billion dollar five-year program to assist people with disabilities living in institutions to transition back into their communities. This proposal is one of several new efforts to be included in the fiscal year (FY) 2004 budget for the President's New Freedom Initiative, a nationwide effort to integrate people with disabilities more fully into society. According to a press release issued by HHS, main proposals in the FY 2004 budget will include:
For information on how this new proposal may benefit you, call HHS toll-free at (877) 696-6775.
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