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H.R. 2032 will help ensure that individuals with profound intellectual disabilities and their families benefit from their federally-established right to be the “primary decisionmakers” regarding the services and supports received, including where they reside (see e.g., the Developmental Disabilities Assistance and Bill of Right Act, Medicaid, and the landmark Supreme Court decision, Olmstead).
As with past versions of this bill (H.R. 3995 and H.R. 1255), H.R. 2032 will allow residents and their legal guardians (usually close relatives) to be notified in advance of a class action lawsuit involving their ICF/MR home, and given a time limited opportunity to opt out, before the lawsuit is filed. These important rights do not exist in current law, resulting in many residents being swept up into the suit, despite strong opposition by affected residents and their families. In the 111th Congress, 90 U.S. Representatives both sides of the aisle cosponsored H.R. 1255.
For more details and resources relating to VOR's strong support for H.R. 2032, click here.
To show your support, write your U.S. Representative. See VOR's Action Alert which contains contact information for U.S. Representatives and template messages for your use.
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Thomas is the Library of Congress legislative tracking website. Used by Members of Congress and their staff, Thomas allows you to access the text of a federal bill and the status of that bill, such as number of cosponsors, committee referrals and actions, etc. |
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As of December 6, 2011, H.R. 2032 has 67 cosponsors.
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Note: H.R. 1255 was the predecessor to H.R. 2032 in the prior (111th) Congress. January 2011 marked the start of a new Congress (112th), which necessitated the re-introduction and re-numbering of this legislation. At the conclusion of the 111th Congress, there were 90 H.R. 1255 cosponsors. |
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VOR opposes S. 683, the Community Choice Act of 2009, introduced by Senator Tom Harkin (D-IA), and H.R. 1670, introduced by Rep. Danny Davis (D-IL). In past years, this legislation was called MiCASSA. If passed, the unintended effect of this legislation will be the elimination of necessary services for citizens with severe and profound mental retardation.
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For the first time in nearly a decade, Congress will be considering the reauthorization of programs receiving federal funding under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act).
While the DD Act’s policy endorses residential choice and individual decisionmaking, some DD Act programs, through legislative lobbying, class action lawsuits and other tactics, act to eliminate one of those choices – Medicaid-certified and funded Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR).
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VOR calls on Congress to exercise caution and level fund DD Act Programs for FY 2010.
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