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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 An outdated bias toward institutional care keeps Medicaid funds pouring into nursing homes and not into home care programs, despite the Olmstead ruling.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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