Congrats Dana! I am on 34 yrs. I am gratful for this group as well. Best, Shirley Bell
www.ShirleyBellDesigns.com ----- Original Message ----- From: daa...@aol.com To: quad-list@eskimo.com Sent: Tuesday, July 26, 2011 6:55 PM Subject: [QUAD-L] My 37 th year: From KHI: 'Feds soon to cite several states for failure to Sometimes it's hard to believe that it has been 37 years since I was injured as a passenger in a motor vehicle accident. I've made it this long and there must be some reason for my survival. I really enjoy this group, as it is a way to share with each other, ways to deal with spinal cord injury problems. Thank you Jim for starting this group. It was a wonderful idea that you developed and it reaches persons with disabilities that are worldwide. I remember a caregiver finding this group for me and I was so grateful for her help. Our state is trying to reformat the Medicaid system to save money and we don't know yet how that will effect, self-directed care through independent living centers in Kansas. What is happening in other states in the country? I have been to one Medicaid forum in Topeka, now they have established a website for participation. Dana (C4-5 complete, 57 injured on July 26, 1974 as a passenger in a MVA, Prairie Village, Kansas) FYI, Encouraging news. Bob Mikesic Independence, Inc. From: sha...@aol.com [mailto:sha...@aol.com] Sent: Saturday, July 23, 2011 6:01 AM To: Kansas Advocates Subject: Fwd: From KHI: 'Feds soon to cite several states for failure to serve the disabled' This article reports on the DOJ meeting held in Topeka last Thursday. Looks like we will be having some federal enforcement action in Kansas very soon!!!!!!!! Feds soon to cite several states for failure to serve the disabled http://www.khi.org/news/2011/jul/22/feds-question-states-services-disabled/ Feds soon to cite several states for failure to serve the disabled Top federal enforcer meets with Kansas group but won't say if Kansas is on the list By Dave Ranney KHI News Service July 22, 2011 TOPEKA — The U.S. Department of Health and Human Services is expected within the next few weeks to cite several states for not doing enough to help disabled people live in communities rather than in institutions. “This is a big deal, guys,” said U.S. Attorney for Kansas Barry Grissom, addressing a Thursday evening meeting of the Topeka Human Relations Commission. “It’s a really big deal.” The citations will come with “recommended actions,” to let the states know what they must do to comply with federal law. Those that don’t comply face the likelihood of being taken to court. Grissom wouldn't say whether Kansas would be among the states cited. “I can’t say anything now,” he said. “But in 30 days, maybe I can.” Earlier, Grissom urged commission members, many of whom are either disabled or advocates for the disabled, to recognize the significance of his being accompanied at the meeting by Renee Wohlenhaus, a deputy chief in the Disability Rights Section of the Civil Rights Division of the U.S. Department of Justice. “She is the leader of the Olmstead enforcement team,” he said, referring to Olmstead v. L.C., a landmark case in which the U.S. Supreme Court ruled that states are obliged to provide services for disabled persons in settings most appropriate to their needs. Unjustified institutionalization of people with disabilities, according to the 1999 decision, is a form of unlawful discrimination under the Americans with Disabilities Act (ADA). Wohlenhaus addressed the commission for almost an hour, noting that ever-increasing numbers of people with disabilities have been put on state-administered waiting lists for services that would help them live in community settings rather than a nursing home. Under the Olmstead decision, she said, waiting lists are allowed as long as the state has an Olmstead plan that spells out how long someone is likely to wait. A six-month wait in a non-emergency situation might be acceptable, Wohlenhaus said, but one- and two-year waits would be seen as Olmstead violations. In Kansas, people with disabilities routinely spend one or two years on the state’s waiting lists. “That’s not unusual at all,” said Nick Wood, an advocate with the Disability Rights Center of Kansas. “In fact, if you’re (developmentally disabled), you could be on the waiting list for four or five years.” Several advocates noted that Kansas does not have an Olmstead plan. States without Olmstead plans, Wohlenhaus said, will have a hard time defending their waiting lists in court. "It's foolish for a state not to have an Olmstead plan," she said. Wohlenhaus said her office also has been reviewing: • State policies that try to limit spending by restricting access to community-based services until a person with a disability is on the brink of institutionalization; • People with disabilities being admitted to nursing homes even though their assessments show they’re capable of living in the community; • State hospitals for the mentally ill discharging patients to homeless shelters rather than to community-based residential programs. Wohlenhaus wouldn't say whether her office plans to challenge Kansas policies in federal court. “That’s not how the process works,” she said. “First, HHS will come out with its ‘recommended actions,’ after which several scenarios will begin to unfold. States could decide to negotiate with HHS or they could decide not to negotiate with HHS. HHS could then decide to handle it in-house, terminate funding, or refer it to the Department of Justice for litigation. “HHS doesn’t litigate,” Wohlenhaus said. “We (the justice department) are the litigators.” Wohlenhaus said she’s been told to expect the HHS announcement in two to three weeks. Several advocates told KHI News Service that they had helped people on the state’s waiting lists file Olmstead complaints with Wohlenhaus’ office. “I’m most anxious to hear the results of the (Office of Civil Rights) investigations,” said Ami Hyten, assistant director at the Topeka Independent Living and Resource Center. “I can tell you that when (Kansas Department on Aging) eliminated sleep support back in 2009, we had three people here in Topeka go straight into a nursing home,” Hyten said. “That was the only service they were receiving so, essentially, the state said ‘Your only choice is an institution.’” =
