Steve Gold's Treasured Bits of Information - Archives 5/24/10 3:48 PM

Steve Gold's Treasured Bits of Information

Article #313
Previous | Index | Home | Next

Stop the Home and Community-Based MA

Reductions. Information Bulletin #313 (5/20
Date Mailed: Thursday, May 20th 2010 01:58 PM
Category: Medical

--part1_a558e.24b9761c.3926d252_boundary
Content-Type: text/plain; charset="UTF-8"
Content-Transfer-Encoding: quoted-printable
Content-Language: en

Stop the Home and Community-Based MA Reductions. Information Bulletin #313=

=20
(5/2010)

The Wall Street Journal on 5/20/10 wrote an article "Disabled Face Hard=20
Choices as States Slash Medicaid." To read the entire article, go to=20
http://online.wsj.com/article/SB10001424052748704292004575230673483973904.=
html?mod=3DWSJ_
hps_MIDDLETopStories

This article points out a number of important issues that disability=20

advocates might consider. =20

First, even though South Carolina (and other States) may be having budget=
=20
problems, they cannot violate either the ADA or the Olmstead decision, eve=
n=20
if they are reducing budget due to income shortfalls. In the next year,=
we=20
will see a number of States trying to reduce home and community-based=20
services in violation of the ADA.

What states should be doing, and the Wall Street Journal article alluded=
to=20
it, is to use any budgetary reductions as an opportunity to affirmatively=
=20
confront, deal with, and if necessary reduce their institutional=20
expenditures. The WSJ article assumed that institutional expenditures cou=
ld not be=20
touched. That is not true.

In the 10th Circuit decision, which does not include S.C., in Fisher v Okl=
=20

http://www.stevegoldada.com/stevegoldada/archive.php?mode=A&id=313;&sort=D Page 1 of 5
Steve Gold's Treasured Bits of Information - Archives 5/24/10 3:48 PM

Health Care, the Court noted that the there would be sufficient funds save=
d=20
by reducing nursing home reimbursements to pay for the community-based=20
services. =20

From the article, it does not sound like S.C. has tried this. Rather, S.C=
.=20
sounds like it took the path of least political resistence. Sure, owners=
=20
of institutions receive big bucks and they play in the political arena. Th=
at=20
does not mean that either S.C. or your state can buckle into the money=20
interests, discriminate against and segregate people with disabilities, an=
d=20
violate the rights under the ADA.

In the Fisher decision, the Circuit held it was a violation of the ADA =E2=
=80=93=20
when a State wanted to or even had to save funds =E2=80=93 to require pers=
ons with=20
disabilities to go into institutions to receive the same services they cou=
ld=20
receive in the community - if the state would fund them in the community.

Second, the individual stories in the article are extremely compelling. =

=20
Local advocates should be introducing individuals who are at risk of being=
=20
institutionalized because of a reduction of MA's home and community-based=
=20
services to local newspapers. Columnists will respond to individual stori=
es. =20
Our job is to find those individuals and introduce the press to them.

Similarly, advocates should be filing ADA and Olmstead complaints with the=
=20
U.S. Department of Justice and with the CMS/OCR. Remember, in the last=20
Information Bulletin, we quoted extensively from the recently filed DOJ la=
wsuit=20
in Arkansas. DOJ in that lawsuit stated, as one basis for an ADA/Olmstea=
d=20
violation, that "the State fails to provide services in the community in=
=20
sufficient quality, quantity and geographic diversity to enable individual=
s=20
with... disabilities to be served in the most integrated setting appropria=
te to=20
their needs." Hmmm. Reduction of S.C.'s MA community-based services sur=
e=20
will impact on whether there are "sufficient" services. =20

Third, thanks to the South Carolina Legal Services for representing people=
=20

http://www.stevegoldada.com/stevegoldada/archive.php?mode=A&id=313;&sort=D Page 2 of 5
Steve Gold's Treasured Bits of Information - Archives 5/24/10 3:48 PM

at due process hearings when the reduction of services will violate the AD=
A=20
if the MA reductions are fully implemented. We need more lawyers and more=
=20
lawsuits. Now is not the time to sit on our hands. =20

ACTION WE CAN TAKE:

1. Identify people who services are being reduced and may be in jeopardy=
=20
of going into institutions.

2. File complaints both with Regional HHS/OCR and Federal DOJ offices.

3. Contact your Protection and Advocacy, Legal Services or other civil=20

rights attorneys who might help with Olmstead litigation.

4. Contact state and local media to give them personal stories as well as=
=20
the system and legal actions you are pursuing.

5. Work with other advocates to build political pressure against cuts

DON'T MOURN... ORGANIZE!

Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at=20

http://www.stevegoldada.com=20
with a searchable Archive at this site divided into different subjects. =
To=20
contact Steve Gold directly, write to stevegoldada@cs.com or call=20
215-627-7100.=20
=20

--part1_a558e.24b9761c.3926d252_boundary
Content-Type: text/html; charset="UTF-8"
Content-Transfer-Encoding: quoted-printable
Content-Language: en

<HTML><FONT FACE=3Darial,helvetica><HTML><FONT SIZE=3D2 PTSIZE=3D10 FAMIL=

Y=3D"SANSSERIF" FACE=3D"Arial" LANG=3D"0">Stop the Home and Community-Base=
d MA Reductions. Information Bulletin #313 (5/2010)<BR>
<BR>
The Wall Street Journal on 5/20/10 wrote an article "Disabled Face Hard Ch=
oices as States Slash Medicaid." To read the entire article, go to http://=
online.wsj.com/article/SB10001424052748704292004575230673483973904.html?mo=
d=3DWSJ_hps_MIDDLETopStories<BR>
<BR>
This article points out a number of important issues that disability advoc=
ates might consider.&nbsp; <BR>
<BR>
First, even though South Carolina (and other States) may be having budget=
problems, they cannot violate either the ADA or the Olmstead decision, ev=

http://www.stevegoldada.com/stevegoldada/archive.php?mode=A&id=313;&sort=D Page 3 of 5
Steve Gold's Treasured Bits of Information - Archives 5/24/10 3:48 PM

en if they are reducing budget due to income shortfalls.&nbsp; In the next=

year, we will see a number of States trying to reduce home and community-=
based services in violation of the ADA.<BR>
<BR>
What states should be doing, and the Wall Street Journal article alluded=
to it, is to use any budgetary reductions as an opportunity to affirmativ=
ely confront, deal with, and if necessary reduce their institutional expen=
ditures.&nbsp; The WSJ article assumed that institutional expenditures cou=
ld not be touched.&nbsp; That is not true.<BR>
<BR>
In the 10th Circuit decision, which does not include S.C., in Fisher v Okl=
Health Care, the Court noted that the there would be sufficient funds sav=
ed by reducing nursing home reimbursements to pay for the community-based=
services.&nbsp; <BR>
<BR>
From the article, it does not sound like S.C. has tried this.&nbsp; Rather=
, S.C. sounds like it took the path of least political resistence.&nbsp;=
Sure, owners of institutions receive big bucks and they play in the polit=
ical arena. That does not mean that either S.C. or your state can buckle=
into the money interests, discriminate against and segregate people with=
disabilities, and violate the rights under the ADA.<BR>
<BR>
In the Fisher decision, the Circuit held it was a violation of the ADA =E2=
=80=93 when a State wanted to or even had to save funds =E2=80=93 to requi=
re persons with disabilities to go into institutions to receive the same=
services they could receive in the community - if the state would fund th=
em in the community.<BR>
<BR>
Second, the individual stories in the article are extremely compelling.&nb=
sp; Local advocates should be introducing individuals who are at risk of=
being institutionalized because of a reduction of MA's home and community=
-based services to local newspapers.&nbsp; Columnists will respond to indi=
vidual stories.&nbsp; Our job is to find those individuals and introduce=
the press to them.<BR>
<BR>
Similarly, advocates should be filing ADA and Olmstead complaints with the=
U.S. Department of Justice and with the CMS/OCR.&nbsp; Remember, in the=
last Information Bulletin, we quoted extensively from the recently filed=
DOJ lawsuit in Arkansas.&nbsp;&nbsp; DOJ in that lawsuit stated, as one=
basis for an ADA/Olmstead violation, that "the State fails to provide ser=
vices in the community in sufficient quality, quantity and geographic dive=
rsity to enable individuals with... disabilities to be served in the most=
integrated setting appropriate to their needs."&nbsp;&nbsp; Hmmm.&nbsp;=
Reduction of S.C.'s MA community-based services sure will impact on wheth=
er there are "sufficient" services.&nbsp; <BR>
<BR>
Third, thanks to the South Carolina Legal Services for representing people=
at due process hearings when the reduction of services will violate the=
ADA if the MA reductions are fully implemented.&nbsp; We need more lawyer=
s and more lawsuits.&nbsp; Now is not the time to sit on our hands. <BR>
<BR>
ACTION WE CAN TAKE:<BR>
<BR>

http://www.stevegoldada.com/stevegoldada/archive.php?mode=A&id=313;&sort=D Page 4 of 5
Steve Gold's Treasured Bits of Information - Archives 5/24/10 3:48 PM

1.&nbsp; Identify people who services are being reduced and may be in jeop=
ardy of going into institutions.<BR>
<BR>
2. File complaints both with Regional HHS/OCR and Federal DOJ offices.<BR>
<BR>
3. Contact your Protection and Advocacy, Legal Services or other civil rig=
hts attorneys who might help with Olmstead litigation.<BR>
<BR>
4. Contact state and local media to give them personal stories as well as=
the system and legal actions you are pursuing.<BR>
<BR>
5. Work with other advocates to build political pressure against cuts<BR>
DON'T MOURN... ORGANIZE!<BR>
<BR>
Steve Gold, The Disability Odyssey continues<BR>
<BR>
Back issues of other Information Bulletins are available online at http://=
www.stevegoldada.com <BR>
with a searchable Archive at this site divided into different subjects.&nb=
sp; To contact Steve Gold directly, write to stevegoldada@cs.com or call=
215-627-7100. <BR>
</FONT></HTML>

--part1_a558e.24b9761c.3926d252_boundary--

Previous | Index | Home | Next

Article #313
Page Generation Copyright (c) 2004-2005 DIMENET and TNET
Services, Inc.
Module: archive.php - Version: 2.50 - Build: July 24 2004 15:33:40
MST

http://www.stevegoldada.com/stevegoldada/archive.php?mode=A&id=313;&sort=D Page 5 of 5