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----------------------------------- Tamie Hopp’s
new email address is Tamie327@hotmail.com. vor@compuserve.com
is no longer valid. See
http://www.vor.net/staff for additional VOR addresses
and contact information. ****************************************************************** 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. ===================================================== TABLE OF CONTENTS ------------------------------------ ======================================================= OPPORTUNITIES TO SUPPORT VOR 1. Are you an NFL fan and like to golf? Join Bart Oates (NY Giants), other NFL players, and many others in a golf outing to support VOR and Parents Of Autistic Children (POAC) - http://www.poac.net/assets/PDF/http://www.poac.net/assets/PDF/golfinside.pdf (If you don’t like to golf or can’t make the outing, you can hit a “hole in one” by sending your contribution in support of this partnership event). 2. A template “Join/Support VOR” letter to share with peers, family and friends to encourage VOR membership – an easy way you can help Grow VOR! BREAKING NEWS 1. Update on federal “Family Rights” bill, originally introduced by Rep. Barney Frank 2. Disability Civil Rights Lawsuit to Proceed as a Class Action 3. VOR attends Senate Finance Committee Hearing titled, “Home and Community Based Care: Expanding Options for Long Term Care” 4. Bush Admin. Urges Social Security Fix =======================================================
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----------------------------------------------------------------------- VOR is excited and honored to be partnering with POAC – Parents of Autistic Children – a “Golf Outing For A Better Future” on Monday October 22nd, 2007 at the prestigious Bamm Hollow Country Club in Lincroft, New Jersey. The festivities will include lunch, cocktails, gourmet dinner, entertainment, fabulous prizes and of course, great golf. Several NFL players, including Bart Oates of the NY Giants, will be playing golf in support of VOR and POAC. Why not join them for a great day for 2 great causes? All proceeds will be shared equally between VOR and POAC, both nonprofit 501(c)(3) organizations create a better future with more options for constituencies. VOR and POAC are two independent organizations that both have a proven track record of directly making a difference in the lives of individuals with severe developmental disabilities. Full details, including a participation and sponsorship form
can be found at:
http://www.poac.net/assets/PDF/golfinside.pdf. There are
different participating levels to include sponsoring golf teams,
single golfer, dinner only, ad in the event journal or a tax
deductible donation. POAC is the largest provider of free Autism education and
training in New Jersey. Workshops and trainings are provided
free of charge to parents, teachers, paraprofessionals,
emergency service personal and all others who work with or love
a children with autism. Visit http://www.poac.net for more
details. THANK YOU IN ADVANCE FOR YOUR SUPPORT!!
------------------------------------------------------------------------ ------------------------------------------------------------------------ Ideas for Sharing: Send this letter to members of your facility family association, to members of you own family and/or to your friends. Ask your provider to mail it out to all of the families of all the residents of your provider, or have it included in the provider’s and/or the employee’s newsletter. VOR can help edit the letter, make copies, do the mailing, or provide reimbursement for the mailing costs. Whatever is needed. VOR is happy to help you help us grow VOR! Numbers Count! Contact Tamie Hopp at Tamie327@hotmail.com with any questions. Template Letter Date Dear _____________________________: VOR supports us in [YOUR STATE] to maintain residential choices for our children with mental retardation and developmental disabilities. VOR is the only national advocacy organization supporting the full array of residential options including Medicaid-certified Intermediate Care Facilities for the Mentally Retarded (ICFs/MR), such as [YOUR PROVIDER/FACILITY]. VOR believes that the final determination of what is appropriate care depends on the unique strengths, abilities and needs of the individual and desires of his or her family. VOR has consistently supported the basic tenets of choice and family empowerment since its founding in 1983, nearly 25 years ago. VOR recognizes the collective power of our voices and the strength of our common sense position. They have carried out our advocacy in the legislature (state and federal), courts, and media. They have empowered individual families by connecting them to the resources they need in order to be effective advocates at the state and federal level, and secure services for their family member with mental retardation. VOR has made a difference. See the incredible sampling of accomplishments attached to this letter. VOR is to be credited for its effective advocacy in support of residential choice in partnership with its state and local affiliates, including the [YOUR FAMILY ASSOCIATION]. Though it is has been an uphill battle and threats continue, Training Centers remain an option in [YOUR STATE] and across the country. VOR’s work is invaluable and worthy of your financial support. Can VOR count on you? Not yet a VOR member? Already a VOR member? Your dues and additional donations will help VOR – the only national organization truly speaking out for your love one’s right to receive residential care at NVTC, the setting most appropriate to his/her needs. Respectfully, YOUR SIGNATURE Successfully Advocating for Choice for 25 Years: A Sampling of VOR’s Accomplishments VOR has advocated for persons with mental retardation/developmental disabilities (MR/DD) and their families for nearly 25 years. All of VOR’s efforts are 100% privately financed (no public funding). Here is a sampling of accomplishments: * VOR carefully selects nationally significant federal and state legal cases that affect the right of residential choice. Presently, VOR is supporting families in major cases in Florida, Massachusetts, Tennessee, Illinois, Maryland, Washington State and New Jersey through expert referrals, advocacy support, and procurement of pro bono counsel. * VOR’s Supreme Court brief in the Olmstead case led to a recognition that facilities may be the best option for some people, with choice of setting being critical. VOR’s participation in Heller v. Doe secured the U.S. Supreme Court’s support for family input in placement decisions. * For more than a decade, VOR has hosted an annual Conference and Washington Initiative, which has served to significantly elevate VOR’s visibility and credibility in Congress and the Administration. * Thanks to VOR, according to federal law (the DD Act), families and guardians are the primary decisionmakers. * VOR succeeded in getting federal legislation introduced in June 2007 which will, if passed, dramatically reform the way Protection & Advocacy class action lawsuits against facilities are filed. * VOR funded peer-reviewed research that debunked the arguments that MR/DD care in the community is always cheaper than facility based care. * VOR debunked the myth of an “institutional bias” in Medicaid, demonstrating that more dollars – federal and state – go to MR/DD community-based care than to facilities. The data separated out nursing home care for elderly persons, the cost of which is often co-mingled with MR/DD facilities in statements of overall “institution” costs. * VOR published 2 articles challenging the traditional bases for evaluating quality of care, such as satisfaction surveys. * VOR has published a “Grassroots Organization and Advocacy Toolkit” that assists organizations in helping to build strong and effective advocacy organizations on behalf of people with mental retardation. ADD MEMBERSHIP FORM HERE. Visit http://vor.net/MembershipForm.htm for a printer friendly form (or contact Tamie at Tamie327@hotmail to receive a membership form by e-mail). ======================================================= ------------------------------------------------------------------------ 1. Update on federal “Family Rights” bill, originally introduced by Rep. Barney Frank ------------------------------------------------------------------------ As you all know, Rep. Barney Frank plans to revise his “Family Rights” bill, originally introduced as H.R. 2839. This legislation, as originally drafted, would require that Protection & Advocacy (P&A) notify guardians, and obtain their authorization, before pursuing lawsuits on behalf of family members/wards with mental retardation. The next article in this update, which relates to a P&A class action lawsuit in which families have objected to P&A representation of their loved ones (and to the case’s objectives), speaks to the need for federal reform in this area. VOR anticipates the reintroduction of Rep. Frank’s legislation very, very soon. Although other Congressional obligations have demanded his time, he has consistently pledged his commitment to individuals with mental retardation and their families. This issue is so important, and your help in getting this legislation passed so critical, that we will be notifying every VOR member by regular mail, along with an email action alert, immediately upon news of the bill’s reintroduction. Updates will also be posted on VOR’s website – http://www.vor.net. ------------------------------------------------------------------------ 2. Disability Civil Rights Lawsuit to Proceed as a Class Action ------------------------------------------------------------------------ Summary: This news from California is very, very concerning. A group of families are interveners in this deinstitutionalization case and have consistently objected to PAI’s representation of their loved ones with severe and profound mental retardation on the basis that PAI’s primary objective in this case – community integration for every “class member” – did not respect the choice of those individuals whose needs are best met in California developmental centers. No decision has yet been made whether the state or families will appeal. The source of the following news is PAI. VOR does not share PAI’s characterization of the recent ruling as a “victory” and certainly does not support the case’s objectives. Source: PAI: Protection & Advocacy, Inc. (California) Disability Civil Rights Lawsuit to Proceed as a Class Action Today the Court of Appeals for the First Appellate District [State Court] held that the Alameda County Superior Court case-Capitol People First (CPF) v. Department of Developmental Services (DDS)-may proceed as a class action on behalf of more than 7000 individuals who receive services from regional centers and are either living in state or private institutions, or are at risk of institutionalization. PAI managing attorney Eric Gelber, who argued the appeal, said "the ruling means that even people with significant disabilities have meaningful access to the courts to vindicate their rights to live as a part of rather than apart from the community." Brad Seligman, executive director of the Impact Fund, who also participated in the oral arguments, said "the decision is a ringing re-affirmation of the importance of class actions to challenge broad-based violations of the law. It reminds lower courts that they must take seriously evidence showing a pattern of illegal conduct." The Impact Fund was one of 15 advocacy organizations participating as amici curiae in support of the plaintiffs. Background "Pressure Was Off" This slowdown led to the filing of the CPF v. DDS lawsuit, which named DDS, other state agencies, and the state's 21 regional centers as defendants. It was filed on behalf of individual class members and taxpayers as well as organizational plaintiffs -- Capitol People First, The Arc of California and California Alliance for Inclusive Communities, Inc. The aim of the lawsuit was to eliminate systemic policies and practices of the state and regional centers resulting in the unnecessary institutionalization of thousands of people with developmental disabilities. Plaintiffs are represented by PAI, a non-profit disability-rights advocacy agency, and pro bono counsel with Bingham McCutcheon and DLA Piper Rudnick Gray Cary. Opposition to Class Certification In today's overturning of Sabraw's ruling, the appellate court found in clear terms that "the trial court ignored or misunderstood the guiding principles of California law and thus based its decision on improper criteria and erroneous legal assumptions." The appellate court noted that "the very nature of this class cries out for a class treatment and a systemic approach" because the people whose rights allegedly have been violated are persons with cognitive or other severe disabilities without resources to undertake the daunting task of seeking relief on their own. Discovery in the case, which has been stayed while the class certification appeal was pending, will now proceed and, unless the parties reach a settlement, the case is expected to go to trial in Fall 2008. Background on the case, including legal documents and press coverage 2002-2006, can be read at www.pai-ca.org/advocacy/cpfvdds/index.htm. ------------------------------------------------------------------------ 3. VOR attends Senate Finance Committee Hearing titled, “Home and Community Based Care: Expanding Options for Long Term Care” ------------------------------------------------------------------------ On September 25, the Senate Finance Committee heard from state policymakers and advocates regarding the need for expanding community-based long term care options, including consideration of S. 799, the Community Choice Act of 2007. VOR’s Washington Representative, Larry Innis, attended the hearing and VOR issued a statement for the hearing record, which follows. VOR wishes to thank Chairman Max Baucus, Ranking Member Charles Grassley, and all members of the Senate Finance Committee for its September 25, 2007 hearing, “Home and Community Based Care: Expanding Options for Long Term Care.” VOR has always embraced the need for expanded home and community-based options, while emphasizing the need for a full array of residential and other support options for people with mental retardation. Our mission is distinguished from other organizations in our support for both home and community-based care and facility-based options. Given the diversity of needs and level of disability across the spectrum of the population with mental retardation, coupled with a waiting list exceeding 200,000 people nationally, the need for expanded (not narrowed) service options is clear. S. 799, The Community Choice Act of 2007 As part of the hearing this past week, Senators specifically considered S. 799, The Community Choice Act of 2007, introduced by Senator Tom Harkin (D-IA). VOR has consistently supported the community expansion goal that is the heart of S. 799 and its “MiCASSA” predecessors. We fear, however, that S. 799’s proposal to create a new mandatory entitlement for personal attendant care services – and the resulting federal and state costs – will negatively impact the ability of states to offer all optional Medicaid services, including Medicaid home and community based services and specialized Medicaid facilities for persons with mental retardation and developmental disabilities (ICFs/MR). Faced with a mandatory program for one and an optional program for another, states are unlikely to have sufficient funds for both, leading them to abandon or cut back the optional programs. The only way to address the unmet needs of people with special needs is to increase available funding, not to “rob Peter to pay Paul.” VOR represents all persons with mental retardation, regardless of the level of disability and regardless of service need and setting option. VOR cannot support a bill that very well could, albeit unintentionally, reduce funds for the most fragile, most needy and most disabled of our constituency. We could actively support legislation that (1) made all of these programs mandatory (HCBS and ICFs/MR); and/or (2) while continuing to have these programs offered at the option of the state, further encouraged states to expand opportunities for community-based personal attendant services to beneficiaries, as does the Deficit Reduction Act of 2005. VOR’s detailed position in opposition to S. 799, the Community Choice Act of 2007, is attached (see: http://vor.net/CCA2007.htm for VOR’s position opposing S. 799). -------------------------------------------------- 4. Bush Admin. Urges Social Security Fix -------------------------------------------------- Summary: In June, VOR issued a statement to the Senate Appropriations Subcommittee on Labor, Health and Human Services, and Education urging that the subcommittee approve adequate appropriations the Social Security Administration to address the significant funding shortfalls in recent years which have led to the largest backlogs in disability determinations and appeals in history. On behalf of our constituency, we wrote: “Most people with severe and profound mental retardation were born with their disabilities. Many of these individuals also experience physical disabilities, complex medical conditions and/or severe behavioral challenges. They need assistance in every aspect of care, including walking, talking, toileting, dressing, transportation, recreation, and therapies. Those who care for them do so with SSI or SSDI (social Security benefits based upon a parent’s earnings). It is essential that these benefits remain, at the very least, at current levels. Any reductions in the benefits they receive could have very serious consequences for their care.” (June 18, 2007). The following news article relates to a recently released U.S. Treasury Department report called “Social Security Reform: The Nature of the Problem,” and President Bush’s renewed calls for dramatic reform. The 13 page report can be found at: http://www.treas.gov/press/releases/reports/post.pdf. Bush Admin. Urges Social Security Fix WASHINGTON (AP) -- The Bush administration said in a new report Monday that Social Security is facing a $13.6 trillion shortfall in coming years and that delaying reforms is not fair to younger workers. A report issued by the Treasury Department said that some combination of benefit cuts and tax increases will need to be considered to permanently fix the funding shortfall. But White House officials stressed that President Bush remains opposed to raising taxes. Treasury Secretary Henry Paulson said he hoped the new report would help find common ground on the politically divisive issue, but a key Democrat charged that the administration will still try to fix Social Security by imposing sharp benefit reductions. ''The administration's new report is a reminder of President Bush's determination to not only privatize Social Security but to make deep cuts in the benefits that American workers have earned,'' said Senate Majority Leader Harry Reid, D-Nev. ''Nobody should be fooled into believing that the only way to save Social Security is to destroy it with privatization or deep benefit cuts.'' Bush had hoped to make Social Security reform the top domestic priority of his second term. He put forward a Social Security plan in 2005 that focused on creation of private accounts for younger workers, but that proposal never came up for a vote in Congress with Democrats heavily opposed and few Republicans embracing the idea. The Treasury report put the cost of the gap between what Social Security is expected to need to pay out in benefits and what it will raise in payroll taxes at $13.6 trillion ''over the indefinite future.'' It said delaying necessary changes reduces the number of people available to share in the burden of those changes and is unfair to younger workers. ''Not taking action is thus unfair to future generations. This is a significant cost of delay,'' the report said. In another key finding, the report said: ''Social Security can be made permanently solvent only by reducing the present value of scheduled benefits and/or increasing the present value of scheduled tax increases.'' The paper went on to say: ''Other changes to the program might be desirable, but only these changes can restore solvency permanently.'' While the language of the Treasury report seemed to indicate that the administration would consider raising taxes along with reducing benefits as a way to deal with the funding shortfall, the White House was quick to reject that possibility. ''The president is not advocating for tax increases or benefit cuts,'' said White House spokesman Tony Fratto. ''Everyone understands that the choices available in the current structure of Social Security, that absent reform, tax increases and benefit cuts are inevitable,'' Fratto said. ''That's why the president believes it makes more sense to reform the program sooner than later.'' Paulson, Bush's point person on Social Security reform, said he has had a number of discussions with members of Congress from both parties over the issue of fixing the problems in Social Security with the looming retirement of 78 million baby boomers. ''While differences over personal accounts and taxes dominate the public debate over this issue, in my conversations I found that there are many other things on which people agree,'' Paulson said in a statement accompanying the issues report. ''By focusing on areas of agreement, I hope these issue briefs will narrow the divide and spur further discussion of reforms,'' Paulson said. While Democrats have fought to protect current benefit levels, Republicans have been adamant that taxes should not be raised to cover the Social Security shortfall. Phil Swaigel, Treasury's assistant secretary for economic policy, told reporters that the plan was to issue about six issue briefs on Social Security over the next three months. But he said it was ''unclear'' at the moment whether the papers would lead to a new push to get an overhaul program through Congress next year. Many believe such an effort would be highly unlikely to gain success in 2008, a presidential election year when one-third of the Senate and all House members will also be facing re-election. Paulson, however, has said even if he is not able to achieve an agreement during the short time the current administration will be in office, he hopes to lay the groundwork for the next administration and a new Congress to tackle the problem.
Tamie Hopp
REFERRAL/MEMBERSHIP/CONTRIBUTION FORM
Elk Grove Village, IL 60007 |
|
VOR * 836 S. Arlington Heights Rd., #351 * Elk Grove Village, Illinois * 60007 877-399-4VOR ph. * 847-258-5273 fax * tamie327@hotmail.com |
