Adult Home Residents Demand that the Governor Obey the Law

Residents of adult homes and advocates for independent living held a rally on November 24, 2009, outside Governor Paterson’s Manhattan office timed to coincide with a rally and press conference in Albany. They demanded that Paterson obey a court decision ordering him to move 4,300 residents out of adult homes and into community apartments with any needed supports. The order covers 28 adult homes that are particularly large and institutional; with more than 250 residents per facility. A resident attending the rally described his adult home as “a hellhole.”
The Governor has told the court that instead of moving 4,300 residents into real homes, the state will only move 1,000, and even this may not happen if the Legislature does not put money in the budget specifically for this purpose. He claims that the state has no money to move people out of these institutions, even though people with disabilities know that anytime people move from a restrictive institution back into the community, with appropriate supports, the state saves money.

The Department of Justice has intervened to tell the Governor to obey the law, citing failure to comply with the Supreme Court’s Olmstead decision since 2002 and echoing the sentiment of the crowd at the rally…the Paterson plan is too little and too late.

NEW YORK’S BUDGET CONVERSATION IS SPINNING OUT OF CONTROL: “OPTIONAL” MEDICAID SERVICES AND POPULATIONS ARE ANYTHING BUT OPTIONAL

Some lawmakers want devastating cuts in the safety-net that will jeopardize New York’s health and safety. They’ve put vital services and people’s lives on the table to achieve short-term savings. The problem is that their short-term cuts to coverage of people and services will cause an immediate skyrocketing of much more intensive and expensive Medicaid hospital and nursing home costs to the State and the counties. The State will sacrifice federal dollars that flow into our local communities and create jobs.

Our seniors, people with disabilities and children are being endangered. Children without health care cannot fight H1N1. Adults without wheelchairs will be imprisoned in their homes. Diabetics with no dental care will rapidly develop uncontrolled bacterial and fungal infections that can be life-threatening. Children using ventilators at home will be institutionalized and lose their childhoods. Individuals without eyeglasses or hearing aids won’t be safe on the streets. Patients who don’t understand their doctors language will take the wrong dose of medication and need hospital care. Seniors who can’t shop, cook or safely go to the toilet will be in nursing homes by week’s end. Families on the edge will break without clinical psychological help.

This is the wrong medicine for New York—our Medicaid program keeps us safe and well. We’re better than this. Say no to cuts to Medicaid “optional” people and care.

Tell them that cutting “optional” Medicaid people and services is unacceptable. We will hold them accountable.Call These individuals immediately!

Senator Skelos: 518-455-3171

Assemblymember Silver: 518-455-3791

Senator Sampson: 518-455-2788

Senator Kruger 518-455-2460

Senator Padavan 518-455-3381

Do you feel offended by the Travel Channel’s broadcast of a live “ghost hunting” show from a locked-down former mental hospital?

GHOST HUNTING SHOW AT ASYLUM DRAWS FLACK (Tuesday, October 27, 2009)

A Travel Channel show is hosting a live lockdown for Halloween, but disability rights advocates worry ghost hunting events produce negative stereotypes about people with mental illness. The Trans-Allegheny Lunatic Asylum was built in the late 19th century.

….The hospital performed intense therapy on patients for many years. Neurologist Walter Freeman spent some time practicing at the hospital. He is considered to have perfected a graphic procedure commonly known as an ``ice-pick lobotomy.''

Read more at:
http://online.indianagazette.com/articles/2009/10/28/news/us_and_world/10026785.txt
Click on “comments” below to post your opinion about this show, or send feedback to the Travel
Channel at: http://www.travelchannel.com/About/Viewer_Relations

You may be more offended by the real-life scary budget news coming out of Albany:

For the next few weeks, the State will be deciding how to balance this year's budget. A lot of bad ideas have been proposed.

People with disabilities are being hit from both sides of the political aisle.

Governor Paterson has refused to consider raising taxes. Instead he wants to:

• Cut SSI benefits by $11 million over the next 5 months
• Cut home care and personal care services by $52 million
• Cut $17 million from education for children with disabilities

Meanwhile New York Republicans want to eliminate all Medicaid services that are labeled "optional" by the federal government. These include many services that people with disabilities need more than others do:

• Respiratory care for people dependent on ventilators
• Wheelchairs, canes, walkers, and crutches (except from a hospital stay)
• Supplies, such as bandages, ostomy bags, and compression stockings
• Physical therapy
• Speech therapy
• Occupational therapy
• Artificial limbs
• Eyeglasses
• Hearing Aids

Please tell the Governor and your State Senator that you don't want any cuts that target people with disabilities!

Click here to find a pre-written email letter that you can change to express your personal views: http://capwiz.com/cidny/issues/alert/?alertid=14263776

Should wheelchairs and medicine be optional?

New York State Republican legislators have proposed eliminating Medicaid “optional services” These are important services, not required by the Federal Medicaid program, which New York has historically included in its Medicaid benefit package and which survived Governor Pataki’s repeated attempts to cut them in the 1990’s. These include dental services, drugs, personal care, physical therapy, dentures, eyeglasses, and durable medical equipment.

But such cuts now could be illegal under the American Recovery and Reinvestment Act, otherwise known as the “stimulus bill”, which requires states receiving enhanced federal matching dollars for their Medicaid program to maintain Medicaid eligibility as of July 1, 2008 in exchange for the money. Read about the litigation resulting from California’s attempts to cut adult dental, speech therapy, podiatry, audiology, chiropractic services, optometry, and psychology services, from their Medicaid program here and let us know what you think.

Wellness Programs Discriminate Against People Based on Health Status

Health insurance reform proposals have been applauded for preventing insurance companies from denying coverage or varying premiums based on a person’s underlying health status, but an amendment that is in the Senate Finance bill could introduce a new way to discriminate against those with less than perfect health.

It would expand the ability of insurance companies to vary premiums, deductibles or co-payments based on health status factors such as weight, blood pressure, high cholesterol, waist circumference and others. People with serious illnesses and disabilities might only be able get affordable coverage if their doctor certified that a health status factor makes it unreasonably difficult or medically inadvisable for the individual to satisfy or attempt to satisfy the otherwise applicable standard. High deductibles or co-payments could make it harder for people to manage chronic conditions.

This could also pose significant problems for low income people who might have more than one job, be managing work and family, or have limited access to healthy food. There are the individuals that need coverage the most to help them address risk factors for chronic disease and other health issues.

Call 877-264-4226 to be connected to the Capitol Switchboard and ask for Senator Gillibrand’s Office. Tell her that Wellness Programs are Discrimination based on Health Status and should not be in the final bill.

Schumer was one of four who voted against the Carper-Ensign wellness amendment in the Senate Finance Bill, but he should also be shored up as Baucus and others switched at the last minute.

You can listen to What experts said on NPR here. And read New York Times coverage of the issue here. And thanks for everything you do.

Governor Paterson Vetoes the Poll Site Accessibility Bill

In a move incomprehensible to disability rights advocates, the Governor killed the Poll Site Accessibility Bill on September 16th. The bill would have required all poll sites to comply with the accessibility guidelines of the ADA and put an end to the practice of granting waivers that allow counties to continue using inaccessible sites. Disability advocates have been working to make this bill law since 2001.

http://www.timesunion.com/AspStories/story.asp?storyID=849430&category=LETTER&BCCode=OPINION&newsdate=10/5/2009

Don't Cut Medicaid for Working People with Disabilities

New Yorkers for Accessible Health Coverage learned last week that a little noticed provision in the Chairman’s Mark of the Senate Finance America’s Healthy Future Act of 2009 would jeopardize the ability of people with disabilities to work and keep critical health care coverage. It would eliminate Medicaid income disregards which are not attached to the receipt of cash assistance.

In New York we have Medicaid Buy-in for Working People with Disabilities, which allows people to keep their Medicaid coverage for things that are absolutely necessary to maintain their health and functioning -- such as durable medical equipment, hearing aids, medical supplies, and home care – things which they cannot necessarily get through Medicare or will be able to get through a Health Care Exchange. These people have their income calculated using “SSI related” earned income disregards. Current law does not permit states to use different rules to calculate income if any individual might lose eligibility as a result. The Baucus proposal would mandate that thousands of working New Yorkers with disabilities lose their eligibility for Medicaid unless they stop working or work only part time.

Because people with disabilities cannot go without the health care they receive through the Medicaid program, we do not believe that eliminating these disregards will significantly decrease the number of people receiving Medicaid or save the government a sizeable amount of money, but it will decrease the opportunity for people with disabilities to have more meaningful productive lives.

Please call Senators Baucus, Schumer, and Gillibrand today and ask them to remove the language in the Chairman’s Mark which would eliminate Medicaid income disregards effective January 1, 2014.

Use the toll free number 1-800-828-0498 to reach the Capitol Switchboard and ask to be put through to the offices of Senator Baucus, Senator Schumer, and Senator Gillibrand.

The elimination of income disregards will also impact an untold number of other “dual eligibles” who are eligible for both Medicare and Medicaid. We are continuing to review the this proposal’s impacts and others and will be raising this issue with our congressional delegation. The provision is not in H.R. 3200, the House health care reform bill. Our position paper on the issue is attached.