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VOR MEMBERS: RETURN THOSE PROXIES - Save VOR
time and resources.
Help us achieve a quorum!
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Coming to VOR's Annual Meeting and/or Washington
Initiative in June? Make
hotel reservations and register TODAY!! - see
http://vor.net/AnnualMeeting2006.html for
details
***************************************************************************
VOR is the only national organization advocating
for a full range of
residential and support options for people with
mental retardation,
including Medicaid-certified Intermediate Care
Facilities for the Mentally
Retarded (ICFs/MR) and home and community-based
care. VOR
supports choice.
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VOR Weekly E-Mail Update
April 28, 2006
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=======================================================
1. New Data Reveals that While 61 Percent of
Persons with Intellectual
Disabilities Receive Care from Family Member,
Only Five Percent of
Government Spending is Directed Towards Family
Care
2. Centers for Medicare and Medicaid Services
Launches Database Dedicated
Uniquely to Resources on Retention of Direct
Support Workers
3. Guardians of disabled residents sue state
over forced moves
4. Connecticut Supreme Court Upholds DMR's
Eligibility Criteria
5. Families hope slaying in Ohio group home
brings changes to care for
mentally disabled
6. PLEASE JOIN OR CONTRIBUTE TO VOR -
MEMBERSHIP/DONATION/ANNUAL MEETING
REGISTRATION FORM IS PRESENTED AT THE END OF
THIS UPDATE
=======================================================
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1. New Data Reveals that While 61 Percent of
Persons with Intellectual
Disabilities Receive Care from Family Member,
Only Five Percent of
Government Spending is Directed Towards Family
Care
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AAMR F.Y.I.
April 2006, Vol. 6, Number 4
While family spending increased 16% from
2002-2004, it still constitutes a
small fraction of public spending on
developmental disability services,
reveals new data from the well-known State of
the States study by David L.
Braddock at the University of Colorado.
In 2004, 395,978 families received family
support services, an increase of
only 2,249 families from the number supported in
2002. In 2004, the average
spending per family across the states was
$5,005, ranging from $235 per
year per family in Alabama to over $10,000 in
nine states. With more state
budget cuts planned and a shortage of direct
support workers, family
support services remains more vulnerable than
ever.
Read the data from the study at
http://ici.umn.edu/products/prb/171/default.html
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2. Centers for Medicare and Medicaid Services
Launches Database Dedicated
Uniquely to Resources on Retention of Direct
Support Workers
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AAMR F.Y.I.
April 2006, Vol. 6, Number 4
The Centers for Medicare and Medicaid Services
has launched the Direct
Support Worker Resource Center, an online
searchable database of materials
on the recruitment and retention of direct
support professionals. The web
portal, located at
http://www.dswresourcecenter.org/index.php/dsw,
is meant
for any government or not-for-profit
organization, employer or professional
seeking information on direct care workforce
issues. In additional, state
Medicaid Agencies can seek in-depth technical
assistance through the site
or by calling toll free at 1-877-822-2647.
In other direct support workforce news,
retention of direct support workers
by providing health insurance coverage is the
focus of an article in the
latest (April 2006) issue of the journal Mental
Retardation. Access "Health
Insurance Coverage of Direct Support Workers in
the Developmental
Disabilities Field" by William Ebenstein at
http://aamr.allenpress.com/aamronline/?request=get-toc&issn=0047-
6765&volume=44&issue=2 (Payment required to
access article).
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3. Guardians of disabled residents sue state
over forced moves
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Wednesday, April 12, 2006
By Rachel La Corte (AP writer)
OLYMPIA, Wash. -- Guardians for five
developmentally disabled adults forced
to move from a state-run school that was being
downsized sued the state
Department of Social and Health Services on
Wednesday, arguing that their
relocation from the place where they had spent
much of their lives has
caused them emotional distress.
The suit, filed in King County Superior Court,
does not cite the amount of
damages sought, but asks that the money be paid
into a trust for the care,
treatment and therapy of each of the plaintiffs.
The plaintiffs, who suffer from mental
retardation, among other conditions,
were among more than 50 people moved in 2004 from Fircrest School in
northern King County to other institutions or
group homes, including the
Rainier School in Pierce County. They were not
allowed to appeal the move,
which was made over the objections of their
guardians.
The plaintiffs are Sandra Lamb, 49, who moved to
Fircrest when she was 8
years old; Steven Wynn, 56, who moved there when
he was 15; Kathy McCay,
48, who moved to Fircrest when she was 7; and
Randolph Getchman, 52, and
Michael Parsons, 62, who each lived at the
school for 39 years.
"We know these individuals suffered tremendously
because of the forced
move," said Maggie Brown, spokesman for Friends
of Fircrest, an advocacy
group for residents of the school. "The intent
(of the lawsuit) is to make
the state think twice before starting to move
around these very fragile
individuals.
They're moving them like furniture in order for
DSHS to balance its
budget."
Don Clintsman, assistant director for division
of developmental
disabilities at DSHS, said he had not yet seen
the lawsuit and would not
discuss any specific allegations.
But he noted that the department was just
following through with a
directive put forth by the Legislature, and that
the action was upheld by a
King County Superior Court judge. He said the
agency worked to alleviate
stress and anxiety during the transfers, with
staff at the different
facilities working together to acclimate the
residents.
"We have no credible claims of people suffering
trauma due to these
transfers," he said.
In 2003, the Legislature ordered DSHS to start
moving some residents out of
Fircrest, to save money by consolidating the state's five institutions for
the developmentally disabled.
The old state regulations allowed DSHS to move
residents only for their own
welfare, the welfare of other residents or at
the request of the resident
or legal guardian. The new rule allows the state
to move residents because
their institution is being closed or partially
closed.
The guardians argue the state knew "these
vulnerable adults would likely
suffer emotional trauma, stress and behavioral
manifestations of such
stress and trauma" if they were forced to leave
the caregivers and
surroundings that they felt comfortable with
and had to move into an
unfamiliar location with new roommates and
caregivers.
The 35-page lawsuit describes how each
plaintiff's behavior deteriorated
once they were moved to Rainier, saying they
became destructive, had
episodes of agitation, ran away or became
aggressive to staff.
Besides Fircrest in Shoreline and Rainier in
Buckley, the state runs three
other institutions for the developmentally
disabled: the Yakima Valley
School in Selah, the Frances Haddon Morgan
Center in Bremerton and
Lakeland Village in Spokane. About 1,000 people
live at the five schools,
down from a high of more than 4,000.
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4. Connecticut Supreme Court Upholds DMR's
Eligibility Criteria
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Summary: The Connecticut Supreme Court has ruled
that the state Department
of Mental Retardation (DMR) is not obligated to
provide services to an
applicant with an IQ score below 70 if other
tests and evidence indicated
that the individual has less pronounced
functional deficits.
Community Services Reporter
April 2006
(Community Services Reporter, published by the
National Association of
State Directors of Developmental Disability
Services, covers state and
local policy and program news concerning
individuals with developmental
disabilities. CSR is available by subscription
(see
http://www.nasddds.org/Publications/index.shtml).
The Connecticut Supreme Court has ruled that the
state Department of Mental
Retardation (DMR) is not obligated to provide
services to an applicant with
an IQ score below 70 if other tests and evidence
indicated that the
individual has less pronounced functional
deficits. The decision reversed a
lower court ruling ordering the department to
extend services to the
plaintiff in the case of Christopher R v.
Commission on Mental Retardation.
Background. Christopher R., now 18 years of age,
scored 66 on a
standardized IQ test in 2002, but had higher
scores on three earlier IQ
tests. In addition, several psychologists who
reviewed Christopher's file
and application for DMR services examined the
component parts of the IQ
test and concluded that Christopher's scores
were not consistent with a
child who is mentally retarded.
Ruling. Noting that a 1997 IQ test resulted in a
full scale score of 73, a
verbal score of 73 and a performance score of
69, Judge Joette Katz wrote,
"Although the full scale scores on the two tests
differ by a mere seven
points, under [state law] the difference has
enormous significance in terms
of qualifying for the department's services." In
addition, the court
pointed out that the school psychologist who
administered the 2002 test
highlighted several signs that the test results
"understated
[Christopher's] general intelligence." These
indicators included the time
it took him to complete the test as well as
verbal scores that were skewed
toward one particular section of the test. The
psychologist also noted that
Christopher was performing in the upper tier of
his high school special
education classes, obtaining mostly B grades.
The court concluded that "a general IQ below 70
is considered indicative of
mental retardation," thus reversing a lower
court decision in Christopher's
favor. "We do not question that [Christopher]
has needs that could be
served by the department and that even his 1997
[IQ] test indicates
borderline intelligence," Katz wrote. "The
legislature, however, delegated
to [the DMR commissioner] a gate-keeping
function through his authority to
determine eligibility. In close cases like the
present one, the
[commissioner] and the department's expert staff
are better qualified than
a court to evaluate conflicting evidence to
determine whether that
threshold has been met."
FMI: To read or download a copy of the
Connecticut Supreme Court's recent
decision, visit the following website and click
on SC17318 (Christopher R.
v. Commission on Mental Retardation):
http://www.jud.state.ct.us/external/supapp/archiveAROsup06.htm.
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5. Families hope slaying in Ohio group home
brings changes to care for
mentally disabled
---------------------------------------------------------------------------
Summary: This case in Ohio raises several
important points. A young-man
with mental retardation was charged with
murdering his roommate with mental
retardation. The two families hope the death
will increase public awareness
of problems faced by people such as Shuman and
Beaudoin and the
difficulties families face in getting them
appropriate care and treatment.
A probate court is charged with determining a
plan for Shuman's long-term
care in a state-run institution. Authorities say
the placement likely will
be permanent because of his mental retardation
and problems such as
explosive behavior disorder. Cheryl Phipps,
superintendent of the Hamilton
County MRDD, said "the Teddys of the world"
should be allowed to remain in
the state centers where they can receive close
supervision. "Many people
can be served quite well in private centers and
group homes in the
community, but people like Teddy need extra
care," Phipps said. "They are
the ones who are falling through the cracks."
April 8, 2006
Canton, Ohio
HAMILTON, Ohio (AP)-- Edward "Teddy" Shuman had
been charged with brutally
beating and strangling his autistic and severely
retarded roommate. But
when he came into the courtroom to face a judge,
he wore a smile that
widened when he spotted his parents, and turned
to wave at them.
A judge later said that Shuman was incompetent
to stand trial, because the
20-year-old had no understanding of what had
happened.
Shuman, who also is mentally retarded and
suffers from fetal alcohol
syndrome, was charged with murdering his
50-year-old roommate, Joseph
Beaudoin, on Feb. 21 at a private center for
mentally retarded and
developmentally disabled adults.
The two families hope the death will increase
public awareness of problems
faced by people such as Shuman and Beaudoin and
the difficulties families
face in getting them appropriate care and
treatment.
"People with mental retardation and fetal
alcohol syndrome do not get
better," said Beaudoin's sister, Tina Borich, of
Burlington, Ky. "I'm not
mad at Teddy. I'm angry because the system
failed him and my brother."
Many states are grappling with the issue of how
best to care for people
like Shuman who have developmental disabilities
combined with behavior
disorders, said Robert Gettings, executive
director of the National
Association of State Directors of Mental
Retardation and Developmental
Disabilities Services.
A probate court is charged with determining a
plan for Shuman's long-term
care in a state-run institution. Authorities say
the placement likely will
be permanent because of his mental retardation
and problems such as
explosive behavior disorder. He has the
emotional capacity of a 5-year-old.
Shuman had been admitted five days before the
slaying to Fairfield Center,
about 15 miles north of Cincinnati. Authorities
said he used a belt to
strangle Beaudoin and held him to the floor with
his foot.
Borich says there are too few safe facilities
for those like Teddy and her
brother, and some facilities have inadequate
staffing and employees who
lack enough training to handle aggressive or
violent residents.
The state has ordered Fairfield Center to
provide plans for correcting
problems such as inadequate safeguards to
protect Beaudoin and insufficient
monitoring of Shuman and Beaudoin, both of whom
had histories of aggressive
behavior.
Shuman had been adopted by his parents, Thom and
Bonnie, when he was 18
months old. They were told that he had been
physically and sexually abused
and would probably have some mild developmental
delays.
When he was 7, he started having the violent
outbursts that resulted in his
first placement in a psychiatric unit. He
probably has spent 75 percent or
80 percent of the past 13 years of his life
having to move in and out of
residential centers, group homes and hospital
psychiatric units.
The Shumans had wanted their son to remain at a
state-run center, but said
they were told he was well enough to go to a
less restrictive environment.
"We've found that the choices and freedom of
less restrictive environments
such as private centers or group homes just put
too much pressure on
Teddy," Thom Shuman said.
Robert Jennings, a spokesman for the Ohio
Department of Mental Retardation
and Developmental Disabilities, said the
department is trying to find the
best ways to serve special needs populations but
believes its centers
mainly should provide temporary assistance until
individuals can move to
less restrictive environments.
Fairfield Center responded to calls seeking
comment with a statement from
its attorneys saying that the center was
cooperating fully with all state
investigations into circumstances surrounding
the death.
Cheryl Phipps, superintendent of the Hamilton
County MRDD, said "the Teddys
of the world" should be allowed to remain in the
state centers where they
can receive close supervision.
"Many people can be served quite well in private
centers and group homes in
the community, but people like Teddy need extra
care," Phipps said. "They
are the ones who are falling through the
cracks."
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6. Five States Ask Supreme Court to Stop
Clawback
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Perspectives, April 2006
NASDDDS
(Perspectives, published by the National
Association of State Directors of
Developmental Disability Services, covers
national, state and local policy
and program news concerning individuals with
developmental disabilities.
Perspectives is available by subscription
(seehttp://www.nasddds.org/Publications/index.shtml).
Five states have joined in a lawsuit challenging
the constitutionality of
the Medicare Modernization Act (MMA) provision
requiring that states make
"clawback" payments to the federal government to
partially finance the
Medicare Part D program. The lawsuit, an
original action filed in the U.S.
Supreme Court, charges that clawback is an
unconstitutional tax that
violates the doctrine of intergovernmental tax
immunity and the system of
dual sovereignty." Texas, Kentucky, Maine,
Missouri, and New Jersey asked
the Court for a preliminary injunction March 17,
which would prevent the
federal government from collecting these
payments while the lawsuit is
under consideration.
The lawsuit argues that the clawback
requirements amount to state
legislatures being "commandeered" by the federal
government, forcing states
to relinquish control over how they budget
taxpayer dollars in order to pay
for a national program. In their motion for a
preliminary injunction, the
states say they meet the traditional standard
for granting a preliminary
injunction which requires the plaintiff to show
that "in the absence of its
issuance he will suffer irreparable injury and
also that he is likely to
prevail on the merits." If the states are forced
to pay the clawback before
the court rules on its constitutionality, they
will suffer irreparable
harm, the plaintiffs argue, sacrificing limited
revenues intended for
domestic demands like education and safety. The
states are likely to
prevail on the merits of their case, they say,
because the clawback is
contrary to long-standing principles of
federalism.
The federal Department of Health and Human
Services has 10 days to respond
to the motion for a preliminary injunction and
60 days to respond to the
states' motion for leave to file an original
action. Ten other states have
filed an amicus brief in support of the action.
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MEMBERSHIP, CONTRIBUTION AND REGISTRATION FORM
(see also:
http://vor.net/RegForm2006.html)
___I want to personally tell Congress how
important Medicaid is for people
with mental retardation. I'll be there!
___ I'm sorry, but I am unable to join you in
Washington, D.C., but I would
like to support VOR's efforts. I'll use this
form to JOIN or make a
CONTRIBUTION.
Send form to Voice of the Retarded 5005 Newport
Dr. #108, Rolling Meadows,
IL 60008
Fax: 847-253-6054
vor@compuserve.com * Phone:
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___ I/We will attend the Washington Initiative
only
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THANK YOU!
Contact Tamie Hopp at
vor@compuserve.com or 605-399-1624 with any
questions.
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