OPPORTUNITY: ORGANIZATION SIGN ON LETTER SIGN-ON LETTER IN SUPPORT OF H.R. 3995!
Contact Tamie at Tamie327@hotmail.com
to add your organization to the list.
100 organizations have
joined the letter so far. It's not too late!
SIGN ON LETTER
PLEASE CO-SPONSOR
H.R. 3995
a bill to protect the
interests of residents of intermediate care facilities for people with mental
retardation (ICFs/MR) in federally-financed class actions lawsuits
The undersigned national, state and local
organizations representing and advocating for the rights of thousands of people
with mental retardation and their families from across the country join together
in support of H.R. 3995.
Introduced on October 30, 2007 by Rep. Barney
Frank (D-MA), H.R. 3995 would 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.
This bill is desperately needed and
supported by families of ICF/MR residents.
It is opposed by the lawyers who bring these
suits, as it would limit their discretion with regard to who they are allowed to
represent. The undersigned organizations, however, submit that the decision
regarding attorney representation should be made by individuals and their legal
guardians, not by attorneys.
The problem is real.
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 tens of 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).
Legal guardians should make these fundamental
decisions, not federally paid lawyers. Federal law, including the authorizing
language of one federally-funded lawyer group that files class action lawsuits
against ICFs/MR – Protection and Advocacy – also 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 cosponsor H.R. 3995 today.
Contact Pilar Falo, Legislative Counsel to Rep. Barney Frank at
202-225-3581 to secure your support.
Individuals with mental retardation or, where
appointed, their Legal guardians should make the fundamental decision as to
legal representation, not the federally paid lawyers. That’s just good common
sense.
Thank you in advance for your support.
Sincerely,
ActionDD (WA)
Advocacy Network, Inc. (MA)
Acadiana Region Supports and Services Center Parents Organization (LA)
Alabama Voice of the Retarded
AFSCME Local 634 (WI)
Altoona – Cresson – Ebensburg Centers Association (PA)
American Health Care Association
American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO
Area Seven Family Care Council (FL)
Association for the Mentally Retarded at Agnews (CA)
Association of Hunterdon Developmental Center (NJ)
Autism Society of America – Butler County, Inc. (PA)
Autism Society of America – Pittsburg, Inc. (PA)
Autism Society of America – Pennsylvania, Inc.
Autism Society of America – Westmoreland County, Inc. (PA)
Beatrice State Developmental Center Family and Friends Association (NE)
Billings Fairchild Center (OK)
California Association of Psychiatric Technicians
California Association of State Hospital Parent Councils for the Retarded (CASHPCR)
Cedar Lake Foundation (KY)
Cedar Lake Lodge, Inc. (KY)
Cedar Lake Residences (KY)
Central Virginia Training Center Families and Friends (VA)
Civitan Club of Fairfax (VA)
Coalition of Families and Friends (MA)
Coalition of Louisiana Supports & Services Centers (For Citizens with DD), Inc.
Concerned Citizens for the Mentally Retarded (MA)
Concerned Families of Hazelwood ICF/MR (KY)
Conway Human Development Center Parents Association (AR)
The Council on Mental Retardation, Inc. (KY)
Developmental Disabilities Health Alliance, Inc. (NJ)
Dever Association for the Retarded (MA)
Dixon Association for Retarded Citizens (IL)
East Central Georgia Family Council
Families and Friends of Care Facility Residents (AR)
Families and Friends of North Lake Supports & Services Association (LA)
Families and Friends of Tachachale (FL)
Family & Friends Association of Arizona Training Program at Coolidge
Family and Friends of Woodward Resource Center (IA)
Fernald League for the Retarded, Inc. (MA)
Florida's Voice on Developmental Disabilities (FL)
Fox Center Families and Friends (IL)
Frances Haddon Morgan Center Families & Guardians (WA)
Frances Haddon Morgan Center (WA)
Friends of Choate (IL)
Friends of Fircrest (WA)
Friends of Jacksonville Developmentally Disabled (IL)
Friends of Retarded Citizens of Connecticut (FORConn)
Glavin Association for the Retarded (MA)
Gray Panthers California
Greater St. Louis Parent’s Advocacy Group (MO)
Hamburg Center Family and Friends Association (PA)
Howe Family and Friends Association (IL)
Illinois League of Advocates for the Developmentally Disabled
Kankakee Association for the Mentally Retarded (IL)
Kansas Neurological Institute Parent and Guardian Group
Lubbock State School Family Association (TX)
Maryland Association of Nonpublic Special Education Facilities (MD)
Maryland Coalition of Advocates for the Retarded
Massachusetts Coalition of Families and Advocates for the Retarded
Mental Retardation Association of Nebraska
Mental Retardation Association of North Carolina
Mental Retardation Association of Utah
Misericordia/Heart of Mercy (IL)
Missouri Voice of the Retarded
Murray Parents Association (IL)
National Disability Party
Ohio League for the Mentally Retarded
Oregon Voice of the Retarded
ORI (Opportunities for the Retarded, Inc.) (HI)
Parent Association for the Retarded of Texas
Parent-Relative Organization for Oakwood Facilities, Inc. (PROOF) (KY)
Parents & Associates of the Institutionalized Retarded of Virginia
Parents & Associates of Northern Virginia Training Center (VA)
Parents and Friends Association of Selinsgrove Center (PA)
Parents and Friends of Lower Fairfield Regional Center and Associated Group
Homes (CT)
Parents and Friends of Ludeman Center (IL)
Parents and Friends of Monson Developmental Center (MA)
Parents Coordinating Council, Lanterman Developmental Center (CA)
Parents Planning Programs for the Developmentally Disabled of Florida, Inc.
Parents, Relatives and Friends of Polk Center (PA)
Parent's Hospital Association, Sonoma Developmental Center (CA)
Patrons of Partlow (AL)
Pennsylvania League of Concerned Families of Retarded Citizens
Pinecrest Parents Association (LA)
Porterville Developmental Center Parents' Group, Inc. (CA)
RBS Consulting (FL)
Relatives and Friends Association of White Haven Center (PA)
Sacramento Association for the Retarded (CA)
South Carolina Parents and Advocates for the Developmentally Disabled (SC)
St. Mary’s Square Living Center (IL)
Southbury Training School Home & School Association (CT)
Supporters of Residential Choices for the Developmentally Disabled/DSI
Supporters (FL)
Tennessee Family Solutions
Umbrella Services for Advancing Autistic Children (PA)
Valley Association for Retarded Children and Adults (VARCA) (CT)
Washington State Democratic Disabilities Issues Caucus
Waukegan Developmental Center-Association For Retarded Citizens (IL)
West Tennessee Parent Guardian Association (TN)
Wisconsin Parents Coalition for the Retarded
Wrentham Association for the Retarded (MA)
