Medical Assistance Cutbacks and Response Strategies
Steve Gold <SteveGoldADA@cs.com> writes:
Medical Assistance Cutbacks - Information Bulletin # 41
A number of states recently announced, implemented, or threatened cutbacks in
their Medical Assistance programs. While most of these cutbacks impact on all
low-income people, some cutbacks more directly (or solely) impact on persons
with disabilities. Disability advocates can fight these cutbacks, at least to
the extent the cutbacks also violate the ADA, Section 504 and the federal
Medical Assistance (Medicaid) statute.
Following the "disability pitchfork" (a mutl-prong approach to social change),
we wanted to share what some disability advocates have done. Remember, ALL of
the prongs should be used in a coordinated strategy for the pitchfork approach
to work successfully.
The pitchfork approach to social change includes all of the following:
1. Media/ Education;
2. Legal/Litigation;
3. Direct Action;
4. Political/Legislative;
5. Administrative / Regulator
An essential prong of the disability pitchfork is "direct action." In the past
fifteen months, in both Colorado and Kansas, CILs and ADAPT, fighting together
as a team, stopped proposed cutbacks by mounting dramatic and sustained (for
several weeks) direct action confrontations. Disabled advocates were literally
"in the faces" of the legislators and state administrators who were proposing
the cutbacks.
Obviously, there are many other examples of successful "Actions" that you can
think of. We are limited only by our creatively and our desire to take such
actions.
Another prong uses the press (medica/education). People with disabilities must
be the spokespersons and talk directly to the reporters and editors. The
personal impact of Medical Assistance cutbacks on disabled people must be
explained in detail. Do not be surprised to learn that the media has no idea
or conception of how a proposed Medical Assistance cutback will impact the
lives of disabled folks. The media lumps all MA recipients together and the
support needs of people with disabilities usually get lost in the bigger
picture.
A third prong is legal/litigation (remember, coordinate this with the other
prongs). Despite what conservative voices would like us to believe, the ADA
and Section 504 are still powerful tools to attack MA when disability services
are cut.
Recently, Oklahoma sued to stop cutbacks in the number of prescriptions (from
unlimited to 5 per month that people could receive in the Home and
Community-Based Waiver). This cutback would force many folks into nursing
homes where they could receive unlimited prescriptions. .
While many of you have had great difficulty finding lawyers who understand how
to combine an anti- discrimination claim (Section504, ADA) with a MA legal
challenge, they do exist.
We want your help in tracking proposed cutbacks in medical assistance around
the country. We also want to assist advocates who want to engage in the
pitchfork fight against these cutbacks.
Please let us know as soon as you begin to hear about any MA cutbacks in your
state.
TOGETHER WE CAN MAKE A DIFFERENCE.
As Fredrick Douglas said, "Power concedes nothing without a struggle." Someone
else said "Dare to struggle, dare to win."
DON'T MOURN, ORGANIZE.
Steve Gold, The Disability Odyssey continues
Back issues of other Information Bulletins are available online at
http://www.stevegoldada.com with a
searchable Archive at this site
# # #
=====================
November 5, 2002, is Election Day!
Vote!
Vote for a strong ADA!
Vote for disability rights!
Tell your friends and family to vote!
=====================
JUSTICE FOR ALL -- A Service of the American Association of People with
Disabilities
www.aapd-dc.org
www.jfanow.org
There's strength in numbers! Be a part of a national coalition of people with
disabilities and join AAPD today.
www.aapd-dc.org
Last Updated on
04/14/04
webmaster@namiscc.org
