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Reform and Reauthorization of the Developmental Disabilities Act Urgently Needed
It has been 11 years since the Congress last reauthorized the Developmental Disabilities Assistance and Bill of Rights Act (DD Act). Some of the DD Act programs have been violating the intent of the Act in ways that have been harmful to the vulnerable people the Act was intended to help. We urge you to reform and reauthorize the DD Act this year.
The Congress, in the DD Act and its legislative history, endorsed individual choice and opposed closure of residential institutions:
“Individuals with developmental disabilities and their families are the primary decisionmakers regarding the services and supports such individuals and their families receive, including regarding choosing where the individuals live from available options, and play decisionmaking roles in policies and programs that affect the lives of such individuals and their families.” DD Act, 42 U.S.C. 15001(c)(3)(2000).
[T]he goals expressed in this Act to promote the greatest possible integration and independence for some individuals with developmental disabilities may not be read as a Federal policy supporting the closure of residential institutions. [(H. Rep. 103-442 (March 21, 1994)].
Yet, many DD Act programs – through lobbying, class action lawsuits and other destructive tactics – use their federal funds to eliminate one federally-created and funded residential option: Medicaid-certified Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR). DD Act deinstitutionalization practices force the transfer of thousands of vulnerable individuals from specialized ICFs/MR that are uniquely suited to meet their extreme and intensive needs, often resulting in predictable tragedies. VOR urges Congress to take the following actions:
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