ORGANIZATION SIGN ON LETTER IN SUPPORT OF H.R.
3995 -
JOIN 100 ORGANIZATIONS IN SUPPORTING H.R. 3995
--------------------------------------------------
VOR ACTION ALERT
CO-SPONSORS TO H.R. 3995 NEEDED
------------------------------------------------
October 2007
=========================================================
TABLE OF CONTENTS
1. H.R. 3995 introduced
2. ACTION NEEDED – COSPONSORS
3. Our adversaries are already hard at work!
4. Congressional Contact Information
5. Template Phone Message
6. Template Written Message
7. Next Step: Senate Sponsor – your help needed!
8. Keep VOR informed
=====================================================
---------------------------------------------------------
1. H.R. 3995 introduced
---------------------------------------------------------
Rep. Barney Frank (D-MA) introduced H.R. 3995 on October 30, 2007. This
legislation, if passed, will require before any federally-financed class action
lawsuit is filed against Intermediate Care Facilities for Persons with Mental
Retardation (ICFs/MR), residents and legal guardians must receive notice of the
lawsuit and a opportunity to "opt out" of the lawsuit.
You can get the actual bill at http://thomas.loc.gov (enter H.R. 3995 in the
search window).
That’s what is at the heart of H.R. 3995: Giving residents of ICFs/MR and their
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. 3995 will mean that federally financed
lawyers, including Protection and Advocacy agencies, must give residents and
their legal guardians a say in whether or not the resident is included in the
lawsuit BEFORE the lawsuit is filed. .
This Bill is Needed!!
In 19 states, with 28 lawsuits, federally-funded P&As have filed class action
lawsuits directed at Intermediate Care Facilities for Persons with Mental
Retardation (ICFs/MR) (see, http://www.vor.net/classactions.htm). In many of
these cases, especially in recent years, quality of care was NOT at issue.
Rather deinstitutionalization - moving residents from the center to community
settings - was the stated goal. Predictably, 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.
Visit http://www.vor.net/DDAct2007.html for more information and resources.
----------------------------------------------------
2. ACTION NEEDED – COSPONSORS
----------------------------------------------------
It is urgent that we get co-sponsors for H.R. 3995. IMMEDIATELY, call and/or
write your Representative today and ask them to call Rep. Barney Frank and sign
on to H.R. 3995 as a co-sponsor. Template messages follow.
Rep. Barney Frank
202-225-5931
Contact: Pilar Falo, Legislative Counsel
FORWARD THIS MESSAGE TO EVERYONE YOU KNOW. ACT TODAY. NUMBERS COUNT!!
---------------------------------------------------
3. Our adversaries are hard at work!
---------------------------------------------------
Our adversaries are hard at work opposing H.R. 3995. Our adversaries are telling
Congress that H.R. 3995 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. 3995
aims to address and why it is so desperately needed.
It is important that Members of Congress understand that H.R. 3995 is about
putting the family/guardian voice ahead of paid attorneys. While P&A and other
will argue that passage of H.R. 3995 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.
---------------------------------------------------
4. Congressional Contact Information
---------------------------------------------------
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.
At http://www.congress.org, you can also get direct phone and fax numbers.
If would like the name and contact information for the staff person in charge of
this issue in your Representative’s office, ask for the “Health LA” when you
contact your Rep’s office, or contact Tamie Hopp at 605-399-1624; Tamie327@hotmail.com.
---------------------------------------
5. Template Phone Message
---------------------------------------
Note: In some states, Protection and Advocacy goes by a different name. To find
out what this agency is called in your state, visit: http://www.acf.hhs.gov/programs/add/states/pas.html
Phone Message - Template
“I am your constituent and a member of VOR (Voice of the Retarded). I am writing
to ask that Rep. _______ co-sponsor H.R. 3995, introduced by Rep. Barney Frank
(D-MA).
“This legislation, if passed, will require that federally funded lawyer groups
must give me the opportunity to "opt out" of the lawsuit when a lawsuit
is proposed targeting my son/daughter's home, an intermediate care facility for
persons with mental retardation. Right now, federally funded lawyer
groups, such as Protection and Advocacy, don't have to even tell me they will be
filing a lawsuit and representing my loved one. As a guardian, I think I should
be the one to decide, not a federally-paid attorney. H.R. 3995 will address this
inequity. Please ask Rep. _________ to co-sponsor H.R. 3995. The contact to call
in Rep. Frank’s office is Pilar Falo, Legislative Counsel (225-5931).”
----------------------------------------
6. Template Written Message
----------------------------------------
Date
PLEASE CO-SPONSOR H.R. 3995
Dear Rep _____________:
I am your constituent and a member of VOR (Voice of the Retarded). I am writing
to ask that you co-sponsor H.R. 3995, introduced by Rep. Barney Frank (D-MA) on
October 30, 2007.
This legislation, if passed, will require that before
federally-financed class action lawsuits against Medicaid-certified and funded
Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR) can
proceed, residents and their legal representatives must receive notice of the
proposed class action and be given a time-limited opportunity to opt out of it.
I support H.R. 3995 because if federally funded lawyers ever decide to pursue
a lawsuit on behalf of my family member with profound mental retardation, I want
to be notified. I also want the right to decide whether or not these attorneys
represent my family member and whether a lawsuit is needed. These decisions are
best left to families/guardians, not the lawyers attorneys.
This law is desperately needed. Federally-funded attorney groups often pursue
class action lawsuits against ICFs/MR, driven primarily by a bias against ICF/MR
care, as evidenced by the number of closures due to these lawsuits – at least 15
ICFs/MR in 9 states, involving thousands of individuals with mental
retardation (see,
http://www.vor.net/classactions.htm). Families have good reason to be
concerned. Closures sometimes result in tragic outcomes for the former residents
(see e.g.,
http://vor.net/abuse_neglect.htm, listing examples of systemic abuse,
neglect and higher death rates in community settings for people with mental
retardation who have been moved out of ICFs/MR in many states and the District
of Columbia).
Families, many of whom are also legal
guardians, often object strongly and expressly object to the lawsuit and its
objective of closure because they are pleased with the care their loved ones are
receiving. Under current law, however, there is no requirement that legal
guardians or residents be notified of a class action lawsuit and they do not
have the right to opt out. Consequently, many residents of ICFs/MR are swept
into these lawsuits and transferred from ICF/MR settings against their or their
guardians’ wishes (see,
http://www.vor.net/FamilyTestimonials.htm).
Federal law, including the authorizing
language of one federally-funded lawyer group that files class action lawsuits
against ICFs/MR – Protection and Advocacy – embraces the policy that
individuals and their families/guardians are the “primary decisionmakers”
regarding the services and supports received. This law – the Developmental
Disabilities Assistance and Bill of Rights Act -- is scheduled to be
reauthorized this year. The timing is right to change the rules to assure
individual and family rights by passing H.R. 3995 (see, DD Act, 42 U.S.C.
42 U.S.C. 15001(c)(3)(2000)).
Please contact Pilar Falo, Legislative Counsel, in Rep. Barney Frank’s office
(225-5931) and let her know you will co-sponsor H.R. 3995. Passage will mean
that P&A can only pursue lawsuits on behalf of individuals that they have
notified and have been given a chance to "opt out." That’s just good common
sense.
Sincerely,
Name, Address, Phone, Fax, E-Mail
P.S. P&A’s authorizing statute, the Developmental Disabilities Assistance and
Bill of Rights Act is scheduled to be reauthorized this year. The timing is
right to amend the DD Act by passing H.R. 3995. Thank you in advance for
co-sponsoring this legislation.
------------------------------------------------------------------
7. Next Step: Senate Sponsor – your help needed!
-------------------------------------------------------------------
VOR is looking for a Senate sponsor. If you think your Senator may like to
sponsor this legislation, and you have a strong contact with his/her office,
please contact Tamie Hopp at 605-399-1624 or Tamie327@hotmail.com, with your
suggestion(s).
--------------------------------
8. Keep VOR informed
-------------------------------
Contact Tamie Hopp with updates on your progress and let her know if any
follow-up by VOR is needed or desired. 605-399-1624; Tamie327@hotmail.com.
=======================================================
VISIT YOUR U.S. REPRESENTATIVE TODAY!!
SEND YOUR LETTER OR MAKE YOUR CALLS TODAY!!
THANK YOU FOR YOUR PARTICIPATION!!
=======================================================
