Support H.R. 2839

NOTICE: WHEN H.R. 2839 is reintroduced this Fall, it will have a new bill number. Stay tuned and visit http://www.vor.net often for any updates.

July 25, 2007

Dear VOR Members,

THANK YOU for all your efforts to secure support for H.R. 2839.

Earlier this week, VOR had a meeting with Rep. Barney Frank’s counsel. At the Congressman’s request, she is exploring with VOR and P&A the reasons for and against H.R. 2839.

According to his counsel, Rep. Barney Frank is considering amending H.R. 2839, to be reintroduced this Fall. VOR was encouraged by our meeting. The counsel asked good questions and understood our concerns. This process is likely to take several weeks, but we are hopeful that the heart of H.R. 2839 – family/guardian decisionmaking – won’t be compromised. Of course, we’ll remain in communication with Rep. Frank and his staff while amendments are considered.

Accordingly, at this time letters to your Congressmen requesting co-sponsors should be put on hold. Rep. Frank is not accepting co-sponsors until the amendments are worked out. We expect the new bill to be introduced after the Congress returns from its summer recess in September. We will contact you as soon as Rep. Frank decides what changes he will make to the bill.

Sincerely,

Tamie Hopp

Director, VOR Government Relations and Advocacy

At VOR’s request, Rep. Barney Frank (D-MA) introduced H.R. 2839 on June 22, 2007. This legislation, if passed, will require that state Protection and Advocacy (P&A) agencies give notice to, and obtain the authorization of, an individual (or the individual’s legal representative) before pursuing remedies, including lawsuits, on behalf of the individual.

You can get the actual bill at http://thomas.loc.gov (enter 2839 in the search window).

That’s what is at the heart of H.R. 2839: Giving legal guardians, often the families of the residents of a targeted facility, the right to decide whether the facility is providing good care and whether a lawsuit is needed. Passage of H.R. 2839 will mean that P&A must get permission from YOU before pursuing a lawsuit.

In 19 states, with 28 lawsuits, P&A has filed class action lawsuits directed at the care received in Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR) (see, http://www.vor.net/classactions.htm). Many of these cases, pursued despite known family/guardian opposition, have led to the downsizing and closure of public and private ICFs/MR and the displacement of thousands of individuals with severe and profound mental retardation, sometimes with tragic consequences.

It is urgent that we get co-sponsors for H.R. 2839. IMMEDIATELY, call and/or write your Representative today and ask them to call Rep. Barney Frank and sign on to H.R. 2839 as a co-sponsor. Template messages follow.

Our adversaries are already at work opposing this Bill. Our adversaries are telling Congress that H.R. 2839 is a bad bill because P&A’s communication with parents and guardians regarding lawsuits is consistent with federal law.

That’s true – federal law does not NOW require that P&A to give families and guardians notice, much less seek their approval. That is exactly what H.R. 2839 aims to address and why it is so desperately needed.

It is important that Members of Congress understand that H.R. 2839 is about putting the family/guardian voice ahead of paid attorneys. While P&A and other will argue that passage of H.R. 2839 will “tie the hands of Protection and Advocacy Systems (P&As),” all it is really seeking is what P&A’s should have been doing all along: Including families/guardians in critical decisions impacting the care of their loved ones.

To identify your Representative, visit http://www.congress.org. The Capitol Switchboard can also identify your Representative and connect you to their offices: 1-202-224-3121.