We call for a revision to the Labor’s proposed overtime rules because we support disability and workers’ rights

Posted on March 9, 2012

By Bruce Darling

Have you been following this issue over the companionship exemption to overtime requirements?  If not, read about out it RIGHT NOW on the ADAPT website:  http://www.adapt.org/main/dol

This issue is extremely complicated and nuanced, and I have been asked a couple really good questions that I think should be answered more publicly.  By writing this, I am not meaning to limit conversation, but to broaden it.  I think we are all better served by these kinds of discussions.  They allow us to truly refine our national disability ‘voice’.

1. WHY ARE YOU OPPOSING GOOD WAGES FOR ATTENDANTS?
We aren’t.  Our organizations and the broader disability community have fought for better attendant wages and benefits for years.  We continue to support that issue.  We are, however, concerned that this approach maintains a zero-sum model that fails to balance the improvement of attendant wages and benefits with the needs of people with disabilities.  Under these rules, people with disabilities will run the risk of increased institutionalization when the increased costs push the cost of their services above established caps. Read more

Analysis of the 2012-2013 Executive Budget: Proposals that Impact People with Disabilities

Posted on February 10, 2012

By Leah Farrell, Policy Analyst

Each year, CDR closely reviews and responds to the Executive’s proposed budget.  CDR’s response focuses on the proposed budget’s impact on people with disabilities and, more specifically, how the budget affects the ability of people with disabilities to live independently in the community.

Below is a sample of issues in the Executive budget that you should be aware of.  For a full version of CDR’s Executive budget analysis, click here:  PDF LARGE TEXT

To view the archived webcast of the joint legislative hearing on the health budget, click here.

HEALTH/MEDICAID

CDR opposes the elimination of spousal refusal, which includes parents of young children
This proposal prohibits a spouse or parent from refusing to contribute any available income or assets towards the costs of health care services being provided to a spouse or family member to reduce unnecessary Medicaid financing of long term care services.  This proposal is incorrectly positioned as a fraud prevention mechanism to prevent wealthy couples from taking advantage of the system. The reality is that this proposal actually harms low income families.  Low-income couples will be forced to divorce in order to qualify for assistance or be forced to institutionalize the spouse who requires long term care services.   Read more

THANK YOU, Governor Cuomo!

Posted on January 4, 2012

By Bruce Darling, President/CEO

I realize that both the Center for Disability Rights and I have a bit of a reputation.
Some people say we are never satisfied.
Others try to portray us as complainers.
I feel we just call it as we see it.

Unfortunately, much of what you see when it comes to disability rights issues isn’t pretty.  Often, governmental bureaucrats and politicians oppose giving people with disabilities even their most basic rights.  Many don’t even take the time to understand the issues and some actually twist facts to meet their own self-serving purposes.

Still, we call it as we see it.

So, given the generally cantankerous nature of our commentary and what has been described as our “prickly” style of advocacy, the following statement might seem just a bit out of character, but we call it as we see it….

THANK YOU, Governor Cuomo! Read more

My Medicaid Matters

Posted on December 7, 2011

by Jensen A. Caraballo

Being disabled shouldn’t signify you’re unable to have goals; it should only mean you have to do things differently in order to achieve them. I live with a disability called Spinal Muscular Atrophy type II. It’s a disease that causes muscle weakness, ultimately it means I use a wheelchair to get around. I was born into a family stricken by poverty and I’ve relied on governmental services for financial and medical support.

Medicaid has been vital in my life for several reasons.  First and foremost, it has allowed me to live independently and direct my own personal assistance program. Secondly, it has supported me financially by paying for my medical expenses. Last but certainly not least, it has permitted me to successfully transition from a long-term care facility (nursing home) to an apartment in the community.

I was incarcerated for 2,135 days (5 years, 10 months, & 5 days), imprisoned in a nursing “home” behind invisible bars in a place where I could never grow as a person, start my own family, or live a life of fulfillment, simply because I’m disabled. I’ve struggled countless of times to prove that I am capable, worthy even, to attain my basic human rights. I have successfully broken through the bars and regained my freedom. Read more

Albany County pushes forward to build new nursing facility despite projected loss of millions!

Posted on November 23, 2011

By Leah Farrell, Policy Analyst

Alternative title considered for this blog post: “HUH?!”

Civil rights issue aside (haha), the fact that Albany County is moving forward with the construction of a new nursing facility despite the projected annual loss of $26.5 million is appalling.   Why would a County, particularly in this economy, move forward with a plan that is so fiscally irresponsible?  Allow me to answer that question with another question, why do public entities continue to invest in institutional long term care when community-based services are far more cost-effective and preferred by consumers? 

That is the million dollar question.  For the answer, look to nursing facilities’ lobbies, employee unions, and the vocal minority of family members who have loved ones in facilities (and want them to remain there).  This feisty cohort perpetuates the myth that localities have an obligation to provide nursing facility services.  Read more

Community First Choice Option in New York State

Posted on November 16, 2011

By Leah Farrell

Click here for a printable two-sided PDF version.  Please contact me for alternative formats.

OVERVIEW
The Community First Choice (CFC) Option is a community-based Medicaid state plan service which includes hands on assistance, safety monitoring, and cueing for assistance with activities of daily living, instrumental activities of daily living and health related functions based on functional need, not diagnosis or age.

BACKGROUND
For over twenty years, the disability rights community from New York has advocated to reform Title XIX’s (Medicaid) long term services and support provisions to end the institutional bias that forces people into unwanted and unnecessary institutionalizations.  New York State Senator Schumer played an integral role in the passage of CFC as part of the Affordable Care Act. Read more

Contact Members of the Super Committee

Posted on November 16, 2011

By David Atias, Assistant Director of Advocacy

Support REAL Medicaid reform by ending the institutional bias
The Super Committee, made up of 6 Senators and 6 Representatives, is looking at cuts in Medicaid to help reduce our nation’s debt.  Half are Democrat and the other half Republican.  They are charged with developing a plan by November 23rd.
We need to tell them to not just cut Medicaid indiscriminately.  They need to reform Medicaid to save money, keep people independent and most of all, end the institutional bias that puts people in nursing homes who don’t want to be there.
Let the Super Committee Members know why Medicaid is important to you.  Contact them today to tell them we need REAL Medicaid reform that does all that and more.
Senators:  http://ly.adapt.org/sen
Representatives:  http://ly.adapt.org/rep

To Vote or Not To Vote That is the Question

Posted on October 28, 2011

By Kenneth Bremer

The right to vote is the supreme power that we possess as citizens of the United States of America. Many people have fought and died so that we can have this right. We as a collective body, have the voting power to influence political candidates to support our cause. The Disability Community needs to band together and vote for those candidates that will help further our cause for equal access, health care and other issues that become prevalent.

I have been voting in every election since I turned eighteen and I would not have it any other way. Our forefathers intended everyone to have a voice in how this nation is governed and everyone across this land now has the right to vote. It is vital that everyone expresses their voice in the election process.

By listening to political debates, reading newspapers and attending live political forums, we as citizens can better understand what values and programs the candidates are forming with their campaigns. It is vital that disabled citizens research the political platforms the candidates stand on. Do the candidates support social justice programs? Do they want to cut social services for people as a method of cutting government spending? This may adversely affect people with disabilities and their ability to receive those programs necessary for independent living. Read more

Introduction

Posted on August 15, 2011

By Kenneth Bremer, Advocacy Intern & Assistant Service Coordinator

From an early age, I have understood what it means to rise above society’s proscribed status for people with disabilities, or in the broader sense, being able to overcome unwanted scrutiny. My name is Kenneth Bremer and I am a visually impaired intern at the Center for Disability Rights. I am at work on my master’s degree in social work at Roberts Wesleyan College in Rochester, New York.

The concentration of this degree is in the mental health branch of case work as it has always been my goal to help those who may not be able to stand up for their rights as disabled citizens of the United States. I want to help those persons to better assist themselves and find their place in society.

In my spare time I like to read on a wide range of topics from disability rights studies to history. I also like to write poetry and essays which have been published in five different books put out by Publish America of Baltimore, Maryland. Read more

Certified Home Health Agencies Illegally Cutting Services

Posted on August 1, 2011

By April Shiebler, Manager of Transition and Diversion

Consumers receiving Certified Home Health Agency (CHHA) services are having their services suddenly reduced or discontinued without warning. The agencies responsible for this illegal practice are attributing these cuts to expenditure caps on Medicaid payments to CHHAs, managed care, or state budget cuts.

CHHAs must follow strict procedures when reducing or discontinuing services. The State Commissioner of Health sent out directives on April 8th and 15th, 2011 reminding CHHA administrators that state law does not allow a reduction or discontinuation of services that were previously authorized without doctor’s orders, notice, and fair hearing rights. In addition, CHHAs cannot reduce or discontinue service if a client previously had, and continues to need services after a hospitalization or short-term rehabilitation stay. Read more

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