Action Alert: "Stop The Gang of Six"

Action Alert: Stop The Gang of Six!

Now is the time to fight for your rights! August 2nd is just days away and Congress must hear our voices. Your representatives are preparing to dismantle The CLASS Act community living services and supports. We must stop them.

The “Gang of Six” is a bipartisan group of senators who have proposed to repeal this important program, which provides seniors and people with disabilities with services that offer them the freedom to live and work in their communities. Currently, there are approximately 12 million Americans who require long-term supports and services. We ask you, our grassroots advocates, to make sure your representatives know there is a human face connected to these proposed budget cuts.

The “Gang of Six” presented an immediate $500 billion “down payment” on the deficit. This would also affect other areas of the healthcare law, including Social Security and Medicare. The plan to cut entitlement funds would be devastating to many of our brothers and sisters in the disability community.

This elimination of CLASS funds does not reduce the deficit. In fact, the Congressional Budget Office (CBO) found that over the next ten years, CLASS will reduce federal deficits by $83 billion. This proposed legislation also calls for a “curb on the growth” of Social Security benefits, while our aging population is increasing rapidly each year.

This is a call to action to the NCIL family! Your representatives at the state and federal level must understand the importance of the CLASS Act and Medicaid funding in the lives of persons with disabilities. Your voice and the voices of your family members, friends, co-workers and community are critical.

You Can Make a Difference

Tell your senators and representatives not to support the “Gang of Six” proposals to cut entitlement funds (Medicaid) and repeal The CLASS Act. Both programs provide seniors and persons with disabilities the ability to live and work in their own communities.

Then get your family, friends, co-workers and other community members to call in as well!

Contacting Your Legislators

Online: Find a senator or representative in your state and click on their contact form to submit your letter. In your letter, identify yourself as a constituent and urge your senator / representative: “Please do not support the repeal of The CLASS Act and do not cut Medicaid funds. These cuts would be devastating to my community.”

Phone: Call the U.S. Capitol Switchboard at (202) 224-3121 and ask for your senators’ and / or representative’s office, or use the links above to find their direct phone number.

Once connected, ask to speak with an office aide who handles budget and finance and / or healthcare issues. Give your name and identify yourself as a constituent.

Tell the aide to “Please tell Senator / Representative [NAME] that I do not want [him / her] to support the repeal of The CLASS Act or cuts to Medicaid funding.”

DOJ and Enforcement of Integration Mandate in ADA/Olmstead.

Date: Monday, July 11, 2011, 9:36 AM

DOJ and Enforcement of Integration Mandate in ADA/Olmstead. Information Bulletin # 334  (7/2011).In recognition of the 12th anniversary of the Supreme Court's Olmstead decision, the United States Department of Justice issued an extremely important and comprehensive "Statement on Enforcement of the Integration Mandate" of the ADA and Olmstead.This is DOJ's "technical assistance guide." All advocates should download it and use it in your advocacy efforts. Quote it in your briefs in Court. Quote it in your meetings with government officials.  Cite it in your letters to the editor and opinion editorials. This document represents the official position of the highest law enforcement agency in the country. http://www.ada.gov/olmstead/q&a_olmstead.htmThis Information Bulletin is intended only to wet your appetite. Pleaseread the entire document.  We'll summarily quote as much as possible. In theoriginal, there are 18 questions. We've added (arbitrarily) emphases.DOJ stated:  The "goal of the integration mandate to provide individuals with disabilities opportunities to live their lives like individuals without disability has yet to be fully realized. Many people who could and want to live, work and receive services in integrated settings are still waiting for the promise of Olmstead to be fulfilled."1.  What is the most integrated setting?"Integrated settings are those that provide opportunities to live, work, and receive services in the greater community, like individuals without disabilities. Integrated settings are located in mainstream society; offer access to community activities and opportunities at times, frequencies and with persons of an individual's choosing; provide the opportunity to interact with nondisabled persons to the fullest extent possible. Segregated settings include, but are not limited to: congregate settings populated exclusively or primarily with individuals with disabilities."2.  When is the ADA's integration mandate implicated?Anytime a "public entity administers its programs in a manner that results in unjustified segregation" whether by operating segregating programs, or financing them in private facilities, or "funding choices or service implementation practices that promotes or relies upon the segregation in private facilities or programs."3.  What factors are relevant in determining whether an individual does notoppose an integrated setting?"Public entities must take affirmative steps to remedy this history of segregation and prejudice in order to insure that individuals have an opportunity to make an informed choice.  Such steps include providing information about the benefits of integrated settings, facilitating visits in such settings, and offering opportunities to meet with individuals with disabilities living in integrated settings.4.  Does ADA apply to persons at serious risk of segregation?"Yes. People need not wait unit the harm of institutionalization or segregation occurs or is imminent." Persons can show such risk "if a public entity's failure to provide community services or its cut to such services will likely cause a decline in health, safety, or welfare that would lead to the individual's eventual placement in an institution or segregation."5.  May the ADA require a State to provide additional services than are    provided in their Medicaid program?"A state's obligations under the ADA are independent from the requirements of the Medicaid program. The ADA may require states to provide services beyond what a state currently provides under Medicaid."  "Caps do not exempt state from serving additional people in the community by seeking a modification of a waiver to remove the cap."6.  Can budget cuts violate the ADA?"Yes, budgets cuts can violate ADA when significant funding cuts to community services create a risk of institutionalization or segregationb&. In making budget cuts, public entities have a duty to take all reasonable steps to avoid placing individuals at risk of institutionalization or segregation including making exceptions to the service reductions or to provide alternative services to individuals who would be forced into institutions as a result of such cuts."7.  What budgetary resources are relevant?"All money the public entity allots, spends, receives, or could receive if it applied for available federal funding to provide services.  All relevant costs, not simply those funded by the single agency that operates or funds the segregated or integrated settings."8.  What about an Olmstead Plan?It must do more than provide vague assurances of future.  Must contain concrete and reliable commitments to expand integrated opportunities.  Must include commitments for each group of persons who are unnecessarily segregated. Must address the needless segregation of the group at issue in the case.9.  What about budgetary shortages?"Even in times of budgetary constraints, public entities can often reasonably modify their programs by re-allocating funding from expensive segregated settings to cost-effective integrated settings.  Whether the public entity has sought additional federal resources available to support the provision of services in integaated settings, such as Medicaid, MFP and federal housing vouchers.Steve Gold, The Disability Odyssey continuesBack issues of other Information Bulletins are available online athttp://www.stevegoldada.comwith a searchable Archive at this site divided into different subjects.As of August, 2010, Information Bulletins will also be posted on my bloglocated at http://stevegoldada.blogspot.com/To contact Steve Gold directly, write to stevegoldada@cs.com or call215-627-7100

Fall 2011 Legislative Advocacy Trainings Announcement

Legislative Advocacy Trainings Announcement

Please click here to see a flyer announcing our 2011 Fall Advocacy Trainings.

The Essentials of Legislative Advocacy is scheduled for Wednesday, October 5th and 12th from 8:30-3:00 at the Legislative Office Building, 300 Capitol Avenue, Hartford, CT  06106.  There will be a tour of the Capitol and LOB as well as a box lunch.  A Spanish interpreter will be present for this class.  Please click here for an Essentials registration form.

Legislative Leadership Training will be held on Thursday, December 1st and 8th from 8:30 - 3:00 at the Legislative Office Building, 300 Capitol Avenue, Hartford, CT  06106.  Lunch will be provided.  Please click here for a Leadership registration form.

The fee for each two-day training is $20 (Total cost of $40 to attend both the Essentials and Leadership trainings).  Scholarships as well as transportation and family care reimbursement is available with preapproval (as funding permits).  We don't want cost to be a barrier for anyone who would like to attend.

Please contact Maura or Cheri at 1-800-215-3021 or 860-882-0236 or by email at ktpassistant@namict.org or keepthepromise@namict.org with any questions.

We hope to see you there!