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Children's Mental Health Site of the Month

 

 

 

Activist Experiences the Injustices Still Facing Disability Community
To: NYAPRS@aol.com
 

On the 11th Anniversary of the ADA, Activist Experiences the Injustices 
Still Facing the Disability Community
  
SAN DIEGO, July 25 /PRNewswire/ -- William Stothers spends most days fighting 
to ensure that his fellow members of the disability community are able to 
live independent lives. As deputy director of Center for an Accessible 
Society, the national organization designed to focus public attention on 
disability issues, Stothers is an expert on the many issues facing people 
with disabilities today.  But when he broke his leg a few weeks ago he found 
himself in a situation that is all-too-typical for people with disabilities. 
Because he was not able to use his electric wheelchair or maintain his routine 
with a cast on his leg, Stothers needed a few hours of care a day at 
home. Despite the fact that he has private insurance, he was unable to 
receive personal assistance services in his home, and Stothers was 
forced to enter a skilled nursing facility. 

Stothers will still be in the nursing facility on July 26, the 11th 
anniversary of the signing of the Americans with Disabilities Act. This 
landmark federal law has proved to be a remarkable success, opening up 
American society to its 54 million citizens with disabilities, defying 
the gloom and doom predictions of many. The Supreme Court, in their 1999 
ADA ruling on Olmstead v. L.C., affirmed that people with disabilities have 
the right to stay in their homes and receive the care they need, and that 
Medicaid money could be used to pay for such services. 

William Stothers couldn't invoke the Olmstead ruling; he is not 
eligible for Medicaid.  But many people with disabilities who do receive Medicaid 
are still unable to remain in their homes -- 80 percent of all Medicaid 
funds still go to nursing homes and other institutional care providers. The 
government is now spending $45 billion a year to warehouse 2 million 
Americans, many of whom could be cared for at home.  An outdated bias 
toward institutional care keeps Medicaid funds pouring into nursing homes and 
not into home care programs, despite the Olmstead ruling. 

Last year, Missouri became the first state in the nation to implement 
the requirements of the Supreme Court decision by adopting "money follows 
the person" language so that people on Medicaid can get personal assistance 
in their own homes rather than having to enter a nursing home. Other 
states are working to make this happen as well: In June, a Wisconsin legislative 
Joint Finance Committee decided to tap into $108 million in federal Medicaid 
funds to pay for in-home services, and legislative riders to the new Texas 
Department of Human Services budget impose a "money follows the person" 
requirement as well. 

This "Mental Health E-News" posting is a service of the New York Ass'n 
of Psychiatric Rehabilitation Services, a statewide coalition of people 
who use and/or provide community mental health services 
dedicated to improving services and social conditions for people with 
psychiatric disabilities.
To join our list, e-mail us your request and, where appropriate, the 
name of your organization to NYAPRS@aol.com.

Save these dates!
September 11 - 14, 2001
NYAPRS 19th Annual Conference 
'Integration, Innovation and Inspiration:' 
Expanding the Circle of Support
at the Nevele Grande Resort, Ellenville New York
contact: Mary McLaughlin, NYAPRS
1 Columbia Place  Albany, NY 12207
(518) 436-0008; fax: (518) 436-0044

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