NCD Bulletin: A Monthly Publication of the National Council on Disability (NCD) 9/8/2003
From: Mark S. Quigley of the National Council on Disability, 202-272-2004; e-mail: mquigley@ncd.gov; web: http://www.ncd.gov WASHINGTON, Sept. 8 -- The Bulletin, which is free of charge and at the National Council on Disability's award-winning Web site (http://www.ncd.gov), brings you the latest issues and news affecting people with disabilities. To subscribe or unsubscribe to the NCD listserv, send a blank e-mail to add-bulletin@list.ncd.gov or remove-bulletin@list.ncd.gov. No need to write anything in the subject line or body. To change your current e-mail address, first unsubscribe in one e-mail and then subscribe in another. Please send your editorial comments to Bulletin editor Mark S. Quigley (mquigley@ncd.gov). -- NCD Releases Olmstead Report On August 19, NCD released a comprehensive online analysis of federal and state implementation of the Supreme Court's Olmstead decision. The report concludes that community-based services work, but more needs to be done to shift institutional bias in Medicaid funding. The report, Olmstead: Reclaiming Institutionalized Lives (http://www.ncd.gov/newsroom/publications/reclaimlives.html), measures progress to date in the implementation of the landmark U.S. Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999), and related federal and state government initiatives. Overall, varying degrees of progress have occurred in the implementation of the Olmstead decision. However, given the many areas where progress has not yet been achieved and the relatively brief time since the decision was rendered and government initiatives were undertaken, it is clear that further efforts are needed to increase public awareness of Olmstead. Education and clarification are also needed regarding the applications and implications of the decision to relevant entities, as are resources to encourage and ensure adherence to the spirit and intent of Olmstead. The extent of unnecessary institutionalization of people with disabilities in the United States is daunting. The Olmstead decision has become a powerful impetus for a national effort to increase community-based alternatives and eliminate unjustified institutional placements. Ultimately, only comprehensive amendments to Title XIX of the Social Security Act, similar to the amendments proposed in the Medicaid Community-based Attendant Services and Supports Act (MiCASSA), will overcome the institutional bias within the Medicaid program. An abridged, printed version of the report will be available in October. -- NCD Applauds President's Community-Based Services Proposal NCD commends the Administration for its newly proposed New Freedom Initiative Medicaid Demonstrations Act of 2003, which would help Americans with disabilities transition from nursing homes or other institutions into community-based living settings. NCD applauds the president's new legislative proposal, which will help eliminate many barriers to full participation in community life for people with disabilities. NCD supports the President's commitment to changing policies that unnecessarily confine people with disabilities to institutions. Helping people with disabilities who want to live in their own homes by providing community-based programs that foster independence and community participation is good public policy. Congress should move quickly to enact this proposal. On June 22, 1999, the U.S. Supreme Court handed down a landmark decision in Olmstead v. L.C., 527 U.S. 581. The Court recognized that unjustified isolation and segregation of people with disabilities in institutional settings is a form of discrimination prohibited by the Americans with Disabilities Act (ADA). On June 18, 2001, President Bush signed an executive order promoting community-based alternatives for people with disabilities. NCD believes that implementation of the Olmstead decision is of paramount importance to the nation as demographics shift toward older Americans, and is one of the top priorities of the disability community. The Administration's 2003 proposals, which reflect NCD's recommendations, would address barriers to home and community-based care under Medicaid. The bill would address a number of important issues vital to people's ability to live in the community, including a Money Follows the Individual Rebalancing Demonstration that would provide for $1.75 billion over five years to assist states' efforts to offer people in institutions more choices to live in their own communities. -- MiCASSA On August 21, Bob Kafka and other members of ADAPT addressed the NCD board and staff at their quarterly meeting in Houston, Texas, on MiCASSA (S. 971 and H.R. 2032). Kafka also addressed other important related issues, including the implementation of Olmstead and the Money Follows the Individual Act of 2003 (S. 1394). On September 17 at 1:00 p.m., ADAPT will conduct a Free Our People Rally at the Upper Senate Park in Washington, D.C., to urge Congress to support MiCASSA. -- Legislative Update On July 31, the Pathways to Independence Act of 2003 (S. 1523) was introduced in the U.S. Senate. The bill would allow a state to treat a person with a disability who is participating in rehabilitation services and who is increasing participation in core work activities as being engaged in work for purposes of the Temporary Assistance for Needy Families program. The bill, which was referred to the Committee on Finance, would also allow a state to count as a work activity under that program care provided to a child or adult dependent with a disability. -- NCD Releases Native American Report On August 1, NCD released its report, People with Disabilities on Tribal Lands: Education, Health Care, Vocational Rehabilitation, and Independent Living (http://www.ncd.gov/newsroom/publications/tribal(Under)lands.html), which documents that American Indians and Alaska Natives (AI/AN) with disabilities living in tribal lands are not receiving the services to which they are entitled. The report reflects the results of a project that was developed and guided to completion in collaboration with AI/AN representatives of people with disabilities, their families, and tribal leaders. NCD has targeted the significant unmet needs of unserved and underserved people with disabilities, including people from diverse cultures, as a policy priority. People from diverse cultures constitute a disproportionate share of the disability community, and they also have unique needs in addition to those experienced by other people with disabilities. With an estimated 22 percent disability prevalence rate, according to national research data, American Indians and Alaska Natives have the highest rate of disabilities and lowest opportunity for access to culturally sensitive programs and services of all races. This situation is compounded by factors such as high poverty and school dropout rates, geographic isolation from state or local district rehabilitation services and health care, and limited employment options. This project examined research on health, rehabilitation, independent living, and education issues that affect people with disabilities living in tribal lands. The report discusses views and perspectives of AI/AN people with disabilities, tribal leaders, and representatives of federal agencies identified as productive in meeting this population's needs. The report also assesses and recommends improvements in government-to-government (state to sovereign tribal to federal government) relationships needed for effective coordination across existing federally funded projects and programs. In addition, a Toolkit Guide (http://www.ncd.gov/newsroom/publications/native(Under)toolkit.ht ml), which provides resource information, was developed for use by consumers, tribal communities, and others at state, local, and federal levels. -- NCD Awards Contract NCD has awarded a contract to the Center for Home Care Policy Research at the Visiting Nurse Service of New York to conduct a study that will evaluate the extent, features, and type(s) of livable communities for people with disabilities who are elderly. NCD seeks to assist stakeholders and policymakers in linking, aligning, and targeting resources and policies with the concept of livable communities. NCD will issue its report in 2004. -- Paul Hearne Leadership Awards The American Association of People with Disabilities (AAPD) has announced the Paul G. Hearne/AAPD Leadership Awards for People with Disabilities for 2003. Up to three people with disabilities who are emerging as leaders in their respective fields will each receive $10,000 to help them continue their progress as leaders. Named in honor of the disability leader and former NCD executive director who spent his life opening doors and removing barriers to achievement for people with disabilities, the program is administered by AAPD. For an application, please contact Marie Campos, AAPD, 1-800-840-8844 (voice/TTY); aapd@aol.com (e-mail); or visit the AAPD Web site (http://www.aapd.com). Applications must be postmarked by September 12, 2003. --- Note: To subscribe or unsubscribe to the NCD listserv, send a blank email to add-bulletin@list.ncd.gov or remove-bulletin@list.ncd.gov. No need to write anything in the subject line or body. Do not use the reply feature. To change your current e-mail address, first unsubscribe in one e-mail and then subscribe in another. Thank you. |