ADAPT's Call to Action for Home and Community in America

Common People Holding Our Government Accountable for Enforcing Our Rights

Showing posts with label Community Choice Act. Show all posts
Showing posts with label Community Choice Act. Show all posts

Monday, September 20, 2010

Right now 300 plus ADAPTers are blocking streets around the White House. ADAPT was headed to the White House to tell President Obama to live up to his campaign promise to end the institutional bias and support the Community Choice Act. Sadly, the Obama White House is limiting the right to protest. No more than 25 people can protest at the WH without a permit. No other administration has done this.

Can you help tell the Obama administration to meet with ADAPT and hear our demands?

Right now we need YOU to contact the White House at http://bit.ly/aX7aab! The action is nationwide, help us get the President's attention. YOU can make it happen!

Why is giving people the right to live in their own homes and communities so difficult? Why will the federal government pay for people to live in a nursing home but not in the community when the aggregate costs are less? Sane policy in this arena is not rocket science.

Have you ever heard anyone say "I can't wait until I age enough to live in a nursing home?" No one chooses such a horrid, constricted life if they can live in the community with services and supports.

It is past time for politicians to say no to all those dollars from the nursing homes and end the institutional bias.


Sunday, September 19, 2010

What If...

By National ADAPT
  • What if your landlord decided if you could go out...and when, where and with whom?
  • What if someone made it their business to decide that you could not have anyone spend the night, and even though you were 43 years old?
  • What if you could only have alcohol on special occasions, and only if you were "good"?
  • What if there were no guarantee you and your spouse, let alone a friend, could live together?
  • What if your entire living space was 10 by 12 feet and you had to share it with a roommate your landlord picked for you?
  • What if they sedated you because you were "uncooperative"?
  • And that said it was all "for your own good"?
That's life in a nursing home or institution.

What if you could have a REAL CHOICE?

That's what the Community Choice Act (CCA) would do. ADAPT is fighting to give people the opportunity to decide where they live and receive long term services and supports. People cold choose to stay in their own homes rather than be forced into nursing homes or institutions.

Sunday, July 25, 2010

An Open Letter from ADAPT to the Disability Community on the 20th Anniversary of the Signing of the Americans with Disabilities Act

Sisters and Brothers in the Disability Community: As the 20th anniversary of the signing of the Americans with Disabilities Act draws near, we approach the milestone with mixed emotions.

Securing national civil rights legislation, protecting the rights of people with disabilities, was truly historic. It is important that we recognize the incredible nature of this accomplishment and the hard work of those that made this happen, but 20 years after President George H. W. Bush signed this civil rights legislation into law and as our community is preparing for the celebrations, we pause in disappointment that the promise of freedom has still not reached our sisters and brothers in nursing facilities and other institutions.

Our sisters and brothers remain locked away, unseen and unheard. For them, the act is just words on paper. They are not given the opportunity to exercise their civil rights under this law because they still do not have the basic freedoms that other Americans enjoy.

As the Anniversary date draws closer, they may hear about the progress our community has made over the past 20 years, but knowing that you are protected against discrimination in employment means nothing when the hub of your life is a bedroom you share with a stranger. Knowing that buildings and public accommodations are accessible means nothing when the facility staff won't let you leave; and even having access to lifts on buses - as dear to our hearts as that is - means nothing when you cannot afford to go anywhere on the allowance that is left over after the institution has taken its share of your money.

When we gather together as a community, we must remember that our sisters and brothers in institutions will not be toasting those that authored or advocated for the Act. They will not be celebrating independent living, either as a movement or personal achievement, and they certainly won't share in the power or pride of the disability community. For them, July 26th will be the same as every other day in the institution.

Recently, ADAPT has been criticized by some of the provider-based advocates in our community because we are publicly demanding that Speaker Pelosi sign onto the Community Choice Act and agree to eliminate the institutional bias once and for all. They tell us that publicly questioning "our friends" is inappropriate. We are told we should be grateful for the efforts that have been made so far, and that we must be patient because change takes time.

We will not apologize for our impatience. We do this because our brothers and sisters have waited long enough for their freedom. We cannot sit by, patiently and quietly waiting for our government to give our people the freedom which should be our birthright.

We had great hopes for President Obama and this Congress. Many of us believed that his promise for change included the promise of freedom. When President Obama was taking the oath of office with his hand on Lincoln's bible, it seemed like fate was telling us that he would free our people.

When the President and Congress took up health care reform, we were sure that they would finally eliminate the institutional bias, and we hoped that this historic anniversary in the disability community would be celebrated with historic change. Unfortunately, the President and Congress did not have the political will to make this happen. While we recognize that some gains were made, unlike any other class of Americans, our freedom remains a state option.

It is, indeed, true that one of the tools we are using to help people leave institutions and move into the community is the Supreme Court's Olmstead decision, which is based on the requirements of the ADA, and it is true that President Obama's administration has demonstrated an unprecedented commitment to enforcing the Olmstead decision. But such efforts are transitory.

We have seen, during the last 20 years, that new administrations have their own priorities, and although there may now be a commitment to enforce the Olmstead decision, the pendulum will ultimately swing back in the other direction. We also know that the gains we may make in the courts are hard-fought, slow, and constantly subject to attack.

Even right now, as many in the disability community commemorate the ADA's anniversary, the Attorney General in Connecticut is coordinating legal efforts by the states to fight against some of the recent gains we have made in court which will allow more of our people to live in freedom. Ironically, the deadline for states to join the effort is just one day after the anniversary, July 27th.

In America, freedom shouldn't ever be optional, but - in fact - for us it is. While federal Medicaid rules require states to pay for institutional placement, community-based alternatives are state options and continually subject to elimination in state budget cuts. It is ironic that as we celebrate a civil rights victory that is 20 years old, our freedom is becoming even more precarious and the situation becoming more dire. States, facing record budget shortfalls, are cutting the services that support community living options for seniors and persons with disabilities. These budget cuts force people into unwanted placement, stealing from them much of what is most precious: their homes, their families and their freedom.

Some people have moved across the country to a different state to get supports and services to live outside of the institution. There, they have been able to share in the promise of the ADA, but many people don't know about the services available in other states or simply might not be able to make the journey on this modern underground railroad.

But as long as community services are only an option, those who have escaped to freedom cannot escape the fear. No place is safe because their freedom can easily disappear at the whim of state policy makers. They will be called upon to help solve their state's budget crisis by sacrificing their freedom, home and lives.

We all need to recognize that through personal circumstance or state policy change any of us can lose our freedom. No one in our community is exempt. No one is safe. No one in our community can afford to be comfortable, but it is also our hope that - from this discomfort - the disability community will be mobilized to take action and, together, we will build on a 20-year legacy to address this injustice.

Our movement isn't about the civil rights for some of us; it is about the freedom of all of us. We cannot wait any longer. ADAPT asks you, during this ADA 20th anniversary celebration, to recommit your energy to ending the institutional bias during the next Congress. The time is now to end the institutional bias and FREE OUR PEOPLE!

Sincerely, The ADAPT Community

Monday, March 8, 2010

Take Five! ADAPT Steps It Up! Contact CongressWOMEN!

As we Defend Our Freedom at the state level and call on the administration to enforce our rights established by the Supreme Court's Olmstead decision, we can't let Congress off the hook. After all, Congress has the power to end the institutional bias by passing the Community Choice Act (S683/HR1670). So how are we going to step it up? We're going to take on FIVE of them at a time, together!

Right now, we have 121 co-sponsors in the House (at least until Eric Massa's resignation takes effect) and 25 co-sponsors in the Senate. About one-quarter of each house has signed on as a co-sponsor of the CCA!

The number of people signing on slowed down a bit while we focused on health care reform legislation, so we are changing our approach. Instead of asking everyone to contact their local Representatives or Senators, ADAPT's Community Choice Workgroup is identifying FIVE specific members of Congress that we will ask everyone across the country to work on. We will do electronic action alerts that allow us to fax and email the DC office, encourage local people to call the office, and coordinate visits in the DC offices.

It's really important that we all reach out to local folks as well. Our elected officials do pay closer attention to the people who elect them. After doing an alert, everyone should try to identify people and groups we know are in the Representative's district (or at least close). These may be family, friends, or that friend from high school long ago that you now have a reason to call or email.

When we release new targets, we will offer talking points that can be used.

It can be really frustrating if you think you're the only one making calls and contacts. You don't know what other people have been told. When a staff person says, no one else has asked about this, you don't know what to say. ADAPT, as part of the Coalition for Community Integration, has set up a website, http://www.c4ci.org/http://www.c4ci.org/> , where we can post information about our legislative advocacy and visits. This will allow everyone to share specific information about their work. Also members of the Coalition are regularly in Washington, DC and set up appointments in the DC offices. The DC advocates can take the information you have shared online to those appointments and report back to you online about what they heard.

Take Five's First Round: IT'S TIME TO FREE OUR SISTERS!

In recognition that we are starting this effort on International Women's Day, we have identified five Congresswomen who we want to sign on as co-sponsors of the Community Choice Act (S683/HR1670). All have been previous co-sponsors of the legislation, but haven't signed on yet.

Judy Biggert, IL-13: Her district includes the cities of Naperville, Downers Grove, and Bolingbrook.

Nita Lowey, NY-18: Her district is in southeastern corner of New York State, just north of the Bronx, and includes parts of Westchester and Rockland Counties.

Carolyn McCarthy, NY-4: Her district is located in central Long Island in west-central Nassau County and includes Mineola, the Five Towns, East Rockaway, Rockville Centre, Oceanside, Garden City, Hempstead, Uniondale, East Meadow, Roosevelt, Franklin Square, Valley Stream, and Elmont.

Gwen Moore, WI-4: The Congresswoman is the first woman to represent the district which is based in Milwaukee and also includes South Milwaukee, Cudahy and St. Francis, and part of West Allis.

Loretta Sanchez, CA-47: California's 47th congressional district covers the cities of Garden Grove and Santa Ana and parts of Fullerton and Anaheim, in Orange County. The 47th congressional district is one of the few districts in California that does not have an overwhelming majority of voters favoring one party.

TAKE ACTION!

START by doing this electronic Action Alert: http://www.cdrnys.org/ccawomenhttp://www.cdrnys.org/ccawomen>

After you do the alert, forward it out to other folks, particularly people and organizations from the districts these Congresswomen represent. Consider sending it out to women's groups! FREE OUR SISTERS!

Some Talking Points: The Institutional Bias is a women's issue!

According to the most recent data on the CMS website, 68.4% of nursing facility residents are women.

Women typically live longer than men and, if married, tend to outlive their husbands. As they grow older, women are more likely than men to live alone, without a spouse or other family member to provide assistance. In fact, by the time a woman reaches the age of 75, the chances that she is living with a spouse have dropped below one in three.

Women are more likely to need assistance than men of the same age. Among people age 75 or older, women are 60 percent more likely than men to need help with one or more activities of daily living, such as eating, bathing, dressing, or getting around inside the home. One in nine women age 75 or older, and one in five age 85 or older, needs assistance with daily activities.

Women are 60 percent more likely than men to go into a nursing facility at some point in their lives.

According to a 2003 National Alliance for Caregiving/AARP survey, six out of ten informal caregivers were women. Among caregivers providing high levels of care, the proportion of women was even greater.

The 2003 survey reported that the "typical" caregiver is a 46-year-old woman, who has some college education, works, and spends more than 20 hours per week providing care to her mother.

More than 60 percent of female caregivers who were employed had to make sacrifices at work to accommodate caregiving, including going in late or leaving early, working fewer hours, turning down a promotion, losing some benefits, taking a leave of absence, or choosing early retirement or giving up working entirely.

Sunday, March 7, 2010

DOF Gains Momentum in Texas: ADAPT Nation Wants Community Choice

For Immediate Release:
March 8, 2010
For Information Contact:
Jennifer McPhail (512) 627-5869
Danny Saenz (512) 971-5311
http://adapt.adapt.org/

ADAPT's Defending Our Freedom Campaign Gains Momentum in Austin, Texas:
Local Communities Follow National Lead and Call for Community Choice

Austin, TX---Texas Independence Day Resolutions in support of the Community Choice Act and the "most integrated setting" mandate contained in the ADA were proposed on March 2 in several precinct caucuses. Introduction of these resolutions is especially important as they come on the heels of the passage of a Democratic National Committee resolution in support of community services.

"Barbara Jordan once gave a keynote address at the Democratic National Convention," said Jennifer McPhail, ADAPT organizer from Austin, Texas. "In that address she said of the Democratic Party, "We believe in equality for all and privileges for none. This is a belief-- this is a belief that each American, regardless of background, has equal standing in the public forum -- all of us. Because we believe this idea so firmly, we are an inclusive rather than an exclusive party. Let everybody come." So, the passage of these resolutions will make Barbara Jordan's declaration a reality for all of us who use community services in Travis County," emphasized McPhail.

Danny Saenz, another Austin organizer for ADAPT, added "I was inspired by President Obama's acceptance speech, particularly when he said, "I say to the people of America, to Democrats and Republicans and Independents across this great land: "Enough!" Well, I too, say enough - enough of the institutional bias! Pass the Community Choice Act now!"

The resolutions in support of the Community Choice Act and affirming the ADA's most integrated setting provision will be considered by members of the Travis County Delegation on March 20, 2010. If the resolutions are passed by the Travis County Delegation, they move on to the Texas Democratic Party Convention June 25-26, 2010. Local communities and political organizations across the country are encouraged to follow Austin's lead. For more information on the Defending Our Freedom campaign go to http://www.adapt.org/.

Tuesday, February 16, 2010

Double Victory from HHS OCR and Democratic National Committee

For Immediate Release: February 15, 2010

For Information Contact

Jennifer McPhail 512-627-5868

Nancy Salandra 215-779-1014

http://www.adapt.org/

DNC Resolution Pledges Olmstead Support; HHS OCR Agrees to Meet

ADAPT's Defending Our Freedom Campaign: Two Weeks, Two Victories

Philadelphia, PA - Two weeks into ADAPT's Defending Our Freedom Campaign, there are already two victories. One, a resolution passed by the Democratic National Committee (DNC), has its roots in ADAPT's four-day and four-night protest vigil last July, held outside the DNC headquarters in Washington, D.C. despite torrential rains and no shelter for activists. The second victory is a meeting with staff from the U.S. Health and Human Services Office of Civil Rights (HHS OCR) scheduled for mid-April just prior to the spring ADAPT action in Washington.

On Thursday, February 4, ten members of ADAPT from across the nation attended the DNC Resolution Committee meeting in Washington, D.C. The committee unanimously passed a resolution that states, in part, "WHEREAS, efforts must be made on the state and federal level to eliminate institutional biases that unfairly discriminate against Americans with disabilities in obtaining long term service and support in programs such as Medicaid ... the DNC will encourage and support efforts to vigorously enforce the Supreme Court's Olmstead decision."
The Olmstead decision affirmed provisions in the Americans with Disabilities Act (ADA) that mandate people with disabilities should receive needed services and supports in "the most integrated setting," typically the community.

"Some people thought our protest outside the DNC last summer was an exercise in futility," said Jennifer McPhail, ADAPT organizer from Austin, Texas, "especially because so many of us who use wheelchairs slept outside each night, in pouring rain and wind, with only garbage bags or the occasional tarp for shelter. We had provided our own accessible porta-potty, but the DNC had it hauled away. Despite all that, we persisted in following the process laid out by the DNC, and now we have this historic resolution to show for all hell we went through last July."

Members of the DNC Resolution Committee included Christine Pelosi, daughter of House Speaker Nancy Pelosi, and Lee Saunders, assistant to AFSCME President, Gerald McEntee. AFSCME currently represents staff in many state operated institutions, but is working to support the Community Choice Act (CCA), legislation that would let older and disabled individuals choose to receive needed supports and services in their own homes instead of being forced into nursing facilities and other institutions by the institutional bias in the nation's Medicaid program. In addition to passing the resolution condemning the Medicaid institutional bias, the committee also pledged to sending both the resolution and all of ADAPT's educational materials on the CCA to every Democratic state and federal legislator in the country.

"With the resolution from the Democrats and our upcoming meeting with the folks from HHS Office of Civil Rights, we feel like we are gaining ground in this battle to become free, and stay free," said Nancy Salandra, ADAPT organizer in Philadelphia. "You would think that between this country's Constitution, and laws like the ADA, we should already have the right to live in our own homes and communities, but that's not how Congress has structured the funding for the supports we are entitled to receive. So, the resolution and the meeting are two more actions to make sure that the law is followed and our civil rights are protected."

ADAPT's Defending Our Freedom campaign continues to gather media reports of the harm being done to disabled and older Americans by state budget cuts. The campaign also welcomes stories of how people in the states are fighting back against the cuts. ADAPT is additionally encouraging people who want out of institutional settings and the people assisting them to file OCR complaints. ADAPT will follow up on those complaints at the meeting with HHS OCR and the Department of Justice (DOJ), and will hold the HHS OCR staff accountable for resolving the complaints.

Send media reports, and "fighting back" accounts and pictures to defendingourfreedom@gmail.com.

See those reports, and accounts and pictures on http://www.defendingourfreedom2010.blogspot.com/.

File a complaint at http://hhs.gov/ocr/civilrights/complaints/index.html
and send a copy to DOF.complaint@gmail.com.

Sign on to support the Defending Our Freedom Campaign at DOF.signon@gmail.com, and see the growing list of supporters at http://www.adapt.org/doflist.php.

Additional information on the Defending Our Freedom Campaign can be found at www.adapt.org/adapt-campaign.html.

NATIONAL ADAPT MAILING LIST - Adapt Community Choice Act List http://www.adapt.org/

Friday, February 12, 2010

Letter from Tennessee

Sent to the DOF Blog this week:

Dear Friend,

My husband and I have been moving from town to town every year to be employed. We will buy a home after a period of time, and then learn the permanent job we were told about, is not longer available. We just left our home in Seminole, Alabama and we are renting a home in Memphis Tennessee. Paying two mortgages is costly. We like living in a home in the community, and not in assisted living. Keeping our independence is crucial to us.

Please ask congress to enforce the Olmstead Act, and keep long term support services in place. (CFC).

Just because a person has a disability, should not make any difference where one wants to live. Freedom is the number one deciding factor in the decision, and it is a matter of dignity.

Truly,
Deb and Jim