1) What’s Happening in the Nation’s Capital?
President Obama to Sign UN Convention on the Rights of Persons with Disabilities
A Proclamation by the President of the United States of America on the Anniversary of the Americans with Disabilities Act, 2009
2) National News
ADAPT Protest Continues into Day Four, DNC Retaliates with Nuisance Police Calls
Healthcare Reform Update
ADA 19th Anniversary Events
Confirmation Hearing for Judge Sotomayor Delayed to This Week
3) State News
South Carolina P & A Issues Report on Residential Care Facilities
Illinois Community Integration Update
4) Announcements and Additional Resources
PsychRights Launches Campaign against Medicaid Fraud with Model Lawsuit
Joblinks Hosts Employment Transportation Conference
President Obama to Sign UN Convention on the Rights of Persons with Disabilities
At a celebration of the 19th Anniversary of the Americans with Disabilities Act on July 24, 2009 President Barack Obama took a step toward ending our nation’s shameful refusal to adopt the UN Convention on the Rights of Persons with Disabilities by announcing his intent to sign the CRPD next week at the United Nations headquarters in New York City. The Convention has many important protections for the rights of our people, including a call to end institutionalization and protections of the rights of parents with disabilities and people with mental illness. The Convention must now be ratified by Congress in order to have the full weight of law. The battle is far from over, as the Convention will need to be passed by a two-thirds vote in the Senate. The White House Press Release is included below. You can find out more about the Convention at the UN website or at RatifyNow. NCIL would like to thank the thousands of advocates nationwide who have pursued this goal undeterred for years. Throughout the next year we will need the strong and vocal support of grassroots advocates to achieve ratification of this important treaty.
More Resources:
Here are the eight guiding principles of the Convention:
- Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons
- Non-discrimination
- Full and effective participation and inclusion in society
- Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
- Equality of opportunity
- Accessibility
- Equality between men and women
- Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities
A Proclamation by the President of the United States of America on the Anniversary of the Americans with Disabilities Act, 2009
Source: The White House: Office of the Press Secretary
July 24, 2009
Today we celebrate the 19th anniversary of the enactment of the historic Americans with Disabilities Act (ADA). Signed into law on July 26, 1990, this landmark legislation established a clear mandate against discrimination on the basis of disability so that people with disabilities would have an equal opportunity to achieve the American Dream.
Our Nation is once again poised to make history for people with disabilities. I am proud to announce that the United States will sign the United Nations Convention on the Rights of Persons with Disabilities, adopted by the United Nations General Assembly in New York on December 13, 2006. The Convention is the first new human rights convention of the 21st century adopted by the United Nations, and it represents a paradigm shift in protecting the human rights of 650 million people with disabilities worldwide. We proudly join the international community in further advancing the rights of people with disabilities.
As we reflect upon the past and look toward a brighter future, we recognize that our country has made great progress. More than ever before, Americans with disabilities enjoy greater access to technology and economic self-sufficiency. More communities are accessible, more children with disabilities learn alongside their peers, and more employers recognize the capabilities of people with disabilities.
Despite these achievements, much work remains to be done. People with disabilities far too often lack the choice to live in communities of their choosing; their unemployment rate is much higher than those without disabilities; they are much likelier to live in poverty; health care is out of reach for too many; and too many children with disabilities are denied a world-class education.
My Administration has met these challenges head-on. We have launched the "Year of Community Living" to help people with disabilities live wherever they choose. We have nearly doubled the funding for the Individuals with Disabilities Education Act. I was proud to sign the groundbreaking Christopher and Dana Reeve Paralysis Act and the Children's Health Insurance Reauthorization Act, which provides health insurance to millions of additional children. I also lifted the ban on stem cell more research. These measures demonstrate our commitment to leveling the playing field for every person with a disability. My Administration will not rest on these accomplishments, and we will continue to focus on improving the lives of people with disabilities. I encourage States, localities, and communities across the country to cultivate an environment in which the 54 million Americans living with a disability are valued and respected.
Americans have repeatedly affirmed the importance of protecting the human rights and dignity of every member of this great country. Through the steps we have taken, we will continue to build on the ADA and demonstrate our ongoing commitment to promoting, protecting, and ensuring the full enjoyment of all human rights and fundamental freedoms by people with disabilities.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim July 26, 2009, as the Anniversary of the Americans with Disabilities Act. I call on Americans across our country to celebrate the progress we have made in protecting the civil rights of people with disabilities and to recognize the step forward we make with the signing of the United Nations Convention on the Rights of Persons with Disabilities. Inspired by the advances of the last 19 years, let us commit to greater achievements in the years ahead.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of July, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-fourth.
[Signed by] BARACK OBAMA
ADAPT Protest Continues into Day Four, DNC Retaliates with Nuisance Police Calls
July 24, 2009 - Throughout the day Thursday and overnight into Friday, ADAPT activists maintained their vigil at the headquarters of the Democratic National Committee (DNC) at 430 South Capitol Street SW, Washington, DC. The group was forced to cope with several electrical storms and torrential downpours that flooded the street with 6 inches of water. ADAPT has been at the DNC headquarters since the protest began, Tuesday at approximately 1:00 PM.
During the protest Wednesday, DNC staff called the police on protestors when a woman with a developmental disability used a megaphone outside the building to pursue a response to ADAPT's request for a meeting with Chairman Kaine. The DNC staff again called police when a "Gremlins" toy, belonging to the same woman, was placed on the stairs leading to the front door of the DNC headquarters. Finally, DNC staff contacted the Department of Transportation to have them remove the accessible port-a-john that ADAPT had delivered on Wednesday to a location nearby. "It seems they would prefer us to be 'out of sight and out of mind' like our brothers and sisters in nursing facilities and other institutions," said Denise McMullin Powell of Delaware.
The DNC has refused to meet any of ADAPT's demands, including facilitating a meeting with Congressional leaders and White House staff on health care reform, apologizing for the Democrats' role in establishing the institutional bias in long term care, and issuing a letter calling for the end of the institution bias in 2009. DNC staff that have talked with ADAPT have not gotten approval from DNC chairman Tim Kaine to schedule a meeting with ADAPT.
"We are very disappointed to see the DNC and Democratic leadership uniformly reject our demands," said Tom Earle of Philadelphia. Mr. Earle continued, "However, we have been pleasantly surprised by the number of rank and file Democratic Members of Congress who have stopped to talk with us or even sought us out. We have definitely seen increasing support among these members for ending the institutional bias of Medicaid and for passing the Community Choice Act."
While ADAPT members in DC maintained their vigil at DNC headquarters, ADAPT members in Kansas were successful in getting their state party's support.
ADAPT met with Kansas Democratic Party Executive Director Kenny Johnston this morning. He agreed to lend the Kansas Democrats' support to ADAPT's efforts to eliminate the institutional bias in Medicaid long term care policy and include provisions of CCA in the healthcare reform legislation that Congress is crafting.
Johnston's letter reads, in part, "Last night the President said that the 'stars are aligned' for health care reform. They are also aligned to include the key provisions of the CCA in any reform and end the seventeen year battle to end the institutional bias. I hope the Democratic National Committee and its members will join ADAPT's fight for this much needed piece of legislation." The letter was sent to DNC Chairman Governor Tim Kaine, Senator Max Baucus, Senator Tom Harkin, Rep. Henry Waxman, HHS Secretary (and former Kansas Governor) Kathleen Sebelius and Kansas Governor Mark Parkinson.
ADAPT members in Chicago were also active today. The group rallied outside a fundraiser attended by President Obama. "We are sickened to see the Democrats lining their pockets with cash while refusing to work with ADAPT to ensure that low-income people with disabilities no longer be forced into institutions," said Rahnee Patrick of Chicago.
On Friday afternoon, the President will be signing the Convention on the Rights of Persons with Disabilities (CRPD) at the White House. "We are pleased that the President has decided to do this, said Bob Kafka, an ADAPT organizer from Texas, "but ending the institutional bias in U.S. public policies would be a true test of the Obama Administration's commitment to people with disabilities and to the principles in the UN Convention." ADAPT is calling on the President to celebrate the anniversary of the ADA by committing to end the institutional bias in principle and in public policy.
"I just have to point out that signing the Convention on the Rights of Persons with Disabilities (CRPD) at the White House won't make a difference in the lives of Americans with disabilities and older Americans who are trapped in nursing facilities and other institutions," said Chris Hilderbrant of Rochester. "It's time for us to pass the Community Choice Act."
Healthcare Reform Update
Healthcare reform continues to move along. Since last week’s WhAM!, the following activities have taken place: The Energy and Commerce Committee moved through more of the mark-up of the “Tri Committee” legislation to reform this nation’s healthcare system. In the mark-up process, an amendment was offered by Rep. Frank Pallone (D-NJ) to include the CLASS Act in the House Version of the legislation. The amendment was approved by a voice vote in the Committee on Monday evening, July 20th. This was one of the four priorities that NCIL has been pushing for in the healthcare reform process. NCIL will continue to push for CLASS Act to be included in the final bill, along with language to end the institutional bias in Medicaid. As of this edition of the WhAM!, there has been no amendment offered in the House to eliminate the institutional bias. The mark-up process in the House has been a difficult as some conservative Democrats who refer to themselves as “Blue Dog Democrats” have indicated that they could not support the House bill (HR 3200) because it was too costly and did not do enough to contain the costs of healthcare. Some of these same members of Congress also want to know what the Senate Finance Committee will have as their version, as they feel that whatever that Committee comes up with is what the bill may ultimately look like.
In the Senate Finance Committee, there has been a small group of six Senators who have been meeting separately and privately from the rest of the Committee and other Senators. The Chairman of the Finance Committee, Max Baucus, has organized this bi-partisan group to work on ways to pay for the new healthcare reform, as well as finding ways to control the exploding costs of healthcare. This group has been tight-lipped about what they have been working on, and will not disclose until their legislation is released. NCIL will continue to monitor the situation and will keep our members posted on developments.
The situations described above are the reason that the timeline for passing healthcare reform seems to be moving deeper into the fall. It was hoped that both the House and Senate would have passed bills prior to their August recess, but leadership in both chambers have conceded that such a deadline is highly unlikely to be met, and mentioned a very slim possibility that Congress could work into August to have a bill ready when they resume in September. The House is expected to go on Recess after this week, and the Senate follows a week later. This is a good time to remind NCIL members that if you have not contacted your members of Congress to support aspects of healthcare and long-term care reform that benefit people with disabilities, NOW is the time. If you need any help with that message, please contact Jason Beloungy at the NCIL office. He can be reached by phone at: 202-207-0334 (toll-free: 1-877-525-3400), ext. 1008. Jason can also be reached by e-mail at: jason@ncil.org.
ADA 19th Anniversary Events
On Wednesday evening, July 22nd, The American Association of People with Disabilities (AAPD) held an anniversary celebration of the Americans with Disabilities Act (ADA). The event was held at the Hart Senate Office Building. NCIL Executive Director Kelly Buckland and Policy Analyst Jason Beloungy attended the event. AAPD’s Justice for All award, which recognizes individuals who have contributed in extraordinary ways to increase the political and economic power of people with disabilities were awarded to Senator Sam Brownback of Kansas and Senator Patrick Leahy of Vermont. Senator Leahy was introduced by Sarah Wendell Launderville, Executive Director of the Vermont Center for Independent Living. Awards were also presented to Russ Owen, President of the Computer Sciences Corporation Managed Services Sector, Sandy Finucane, Vice President for Legal & Government Affairs, Epilepsy Foundation of America and best-selling author, Karin Slaughter. The keynote address was delivered by the Secretary of Education Arne Duncan. Learn more about Secretary Duncan’s remarks at http://www.aapd.com/Development/ArneDuncan.html.
Additional remarks were delivered by Senator Tom Harkin (D-IA), a long-time champion of disability rights. Senator Harkin’s remarks centered on the need to include long-term care reform, specifically the language of the Community Choice Act, in healthcare reform.
On Friday Morning, July 25th, The National Press Club was the site of a press event announcing the “It’s Our Story” project, which included approximately sixty of the Disability Movement's pioneers, change agents, and public policy leaders who are currently in the It's Our Story archives, as well as 25-30 next generation leaders.
"It's Our Story" is a video oral history project that uncovers the power, pride, and personal struggles of living with a disability. It's a uniquely American story and challenges our most fundamental values of freedom, autonomy, and independence. Today, 54 million people in the United States live with some type of disability. After years of stigma, discrimination, and social exclusion, it is no surprise they have the highest unemployment rate, the highest poverty rate and the highest social isolation barriers to overcome. "It's Our Story" shares unique knowledge, personal insight, and shares the wisdom necessary to unlock human potential.
A Panel of speakers included, Judy Heumann Director - DC Department on Disability Services, Day Al-Mohammed - Legislative and Federal Affairs Officer, American Psychological Association, Rebecca Cokley - Special Assistant to the Assistant Secretary of the Office of Special Education and Rehabilitative Services and Kelly Buckland- Executive Director of the National Council on Independent Living (NCIL).
On Sunday Evening, July 27th, The Federal Transit Administration, American Public Transportation Association, and the U.S. International Council on Disabilities hosted a reception in celebration of the 19th Anniversary of the Americans with Disabilities Act, The United Nations Convention on the Rights of Persons with Disabilities, and to honor Norm Mineta, the former Secretary of Transportation. The event’s panel included Marca Bristo, Congressman James Oberstar (D-MN), Chair of the House Transportation and Infrastructure Committee, Michael Winter of the U.S. Department of Transportation and Kareem Dale, the Special Assistant to the President on Disability Policy.
Confirmation Hearing for Judge Sotomayor Delayed to This Week
Last Tuesday, the Senate Judiciary Committee delayed a vote on Judge Sotomayor to allow Committee members more time to review transcripts of the hearings the previous week. The Committee is expected to vote tomorrow, the 28th, to accept the nomination and move it to a vote in the full Senate. As a reminder, NCIL strongly supports the nomination of Judge Sotomayor and urges NCIL members to call both of their Senators and tell them to vote YES on her confirmation.
South Carolina P & A Issues Report on Residential Care Facilities
“No Place to Call Home” Documents Deplorable Living Conditions and Inadequate State Oversight. After releasing shocking details of a 14 month-long investigation in a report titled “No Place to Call Home,” Protection & Advocacy for People with Disabilities, Inc (P&A) today called for immediate state action to protect the residents of South Carolina Community Residential Care Facilities (CRCF) that are operating under unsafe, unsanitary and disgraceful conditions.
P&A issued the report today to the public, sending copies to the South Carolina Department of Health and Environmental Control (DHEC), the South Carolina Department of Health and Human Services (HHS), the Attorney General, the Department of Labor, Licensing and Regulation (LLR) and the Long Term Care (LTC) Ombudsman. P&A made more than 150 unannounced visits to CRCF facilities over the course of two years. The report outlines immediate action items that P&A feels will lead to better treatment of the 16,700 South Carolinians living in CRCFs, which house between two and more than 100 residents who are elderly or have disabilities.
“The conditions in which residents of many South Carolina CRCFs live are absolutely disgraceful, and our hope is to prevent even more people from living in squalor, suffering abuse and neglect or even dying due to lack of oversight,” said Gloria Prevost, Executive Director of P&A. “Through this report, we urge the state to take action to protect residents of CRCFs operating in our state.” Find out more.
Illinois Community Integration Update
Source: The Huffington Post, by Edwin Yohnka
A few years ago, the ACLU of Illinois, along with Equip for Equality, Access Living, the Public Interest Law Center of Philadelphia and the Chicago office of the law firm Sonnenschein Nath & Rosenthal, took on this issue by bringing a lawsuit on behalf of Stanley and several others. The aim of the litigation was to give each person with developmental disabilities in Illinois a choice about where they live -- a choice that is guaranteed to them under the Americans with Disabilities Act. This right was further reinforced 10 years ago, when the Supreme Court decided the case Olmstead v. L.C. In short, these individuals have a civil right to live in a setting that is the one they desire and the least restrictive, rather than simply being bound to a large institution.
The lawsuit resulted in a landmark settlement with the State of Illinois. Under the agreement, we felt confident that Stanley -- and thousands of folks like Stanley -- soon would be able to make an informed choice about where they live. They could live in an apartment of their own, decide who they wanted for a roommate, what and when they wanted to eat, and even what to watch on television. Individuals and families who believed that an institution was the best living arrangement for them or their loved one would not be forced to move to a smaller, community-based setting under the agreement. The agreement promised critical, systemic change to a flawed system that does not serve many individuals and their families.
After a fairness hearing to consider the agreement in early July, a federal court rejected the settlement and de-certified the class previously approved by the court. This is a great disappointment for the ACLU of Illinois and our coalition partners. Worse still, it is a set back for all persons with developmental disabilities (and their loved ones) who want a voice in the decision about where and how they live. Read entire article.
PsychRights Launches Campaign against Medicaid Fraud with Model Lawsuit
Source: PsychRights
Today, the Law Project for Psychiatric Rights (PsychRights) announced its launch of a national campaign against widespread, routine Medicaid Fraud in the administration of psychiatric drugs given to children and youth in foster care. "Anyone who submits or causes claims to be submitted to Medicaid for drugs that are not for a 'medically accepted indication' is committing Medicaid Fraud," said Jim Gottstein, president of PsychRights, "Those guilty of this Medicaid Fraud include psychiatrists and other physicians prescribing these drugs, their employers, and pharmacies submitting the false claims to Medicaid."
The federal False Claims Act, authorizes individual citizens to bring fraud actions on behalf of the Government. These cases are also called "whistleblower suits" or "qui tam," actions, and those who file them are entitled to a share in the recovery, if any. Extrapolating from Alaska data, PsychRights estimates there is over $2 Billion in such fraudulent Medicaid claims being paid by the Government every year.[1] "This represents a tremendous opportunity for attorneys to do well by doing good. It seems particularly fitting for the victims of this harmful drugging to receive the whistleblower's share of the monetary compensation for this Medicaid Fraud," said Mr. Gottstein. Under the False Claims Act, a penalty of between $5,500 and $11,000 is assessed for each false claim in addition to triple the damages suffered by the government. PsychRights believes each prescription represents a false claim.
In launching the campaign, PsychRights released a model Qui Tam Complaint for use by attorneys. Mr. Gottstein will be presenting on how to conduct these lawsuits and the issues involved at two national conferences this coming September and October. Read More (PDF).
Joblinks Hosts Employment Transportation Conference
On September 15th and 16th in Des Moines, Iowa, the Community Transportation Association of America Joblinks team will convene a conference: "Employment Transportation: Communities Collaborating for Economic Success."
At the event, you'll hear from both regional and national colleagues who have created partnerships that provide employees with reliable and affordable ways to work, help workforce development agencies achieve job placement goals, and support businesses and communities in going "green."
Plus, CTAA will discuss future opportunities for employment transportation collaborations with the increase of the transit tax benefit to $230/month, the climate change and energy initiatives moving through Congress, and the reauthorization of SAFETEA-LU on the horizon.
Whether you are from the Midwest or hail from other parts of the country, CTAA hopes you'll join this timely event. For more information, visit: http://web1.ctaa.org/webmodules/webarticles/anmviewer.asp?a=17&z=40.
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July 27, 2009