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

ADA Reaches the Age of Majority

Posted on July 26, 2011

by Diane Coleman, Director of Advocacy

Today is the 21st anniversary of the signing of the Americans With Disabilities Act (ADA) into law, so you might say that the ADA has reached the age of majority.  I’m old enough to be able to see every day the positive differences that the ADA has brought, such as accessible buses, curb cuts, deaf relay phone service, employers that provide blind employees computer access through JAWS screen reading software, and much more.

Unfortunately, every day I also see evidence of a prevalent failure to comply with the ADA.  Curbs with no cuts, stores with one-step or two-step entrances, public information materials with no large print or Braille versions, public events with no captioning or interpreting for deaf access – the list is long.  And everyone who needs Medicaid home care but is instead stuck in a Medicaid nursing facility bed against their will is experiencing illegal discrimination that violates the ADA’s “most integrated setting” requirement.    Read more

Freedom

Posted on July 19, 2011

By Helen Burianek

In 1999 I was incarcerated in a nursing home in Binghamton, NY.  This occurred after I had a procedure on my kidneys.  I was ill and very weak; this is how the individuals representing the nursing home were able to convince me I should recover and rehabilitate in their facility.

I recovered my physical health within two months.  I believed I should return to my apartment where I had lived for several years in the community.  All of a sudden they were coming up with scenarios to show why I could not return to my home.  Some eight months later, I was still at the facility and getting more depressed by the hour.

Many of the people I came in contact with begin to question why I was still at the facility.  They seemed to think I no longer belonged there.  By this time I didn’t feel I should still be at the nursing home either.  However, the question now became, how do I get out of here?  The nursing home was getting in excess of $5,000.00 a month.  When you consider this type of money coming in to their facility, this is why they did everything they could to keep me right where I was. Read more

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