[NYAPRS Enews] Gold: State Should Use Stimulus Medicaid to End Waiting Lists for Community Services

[Matt Canuteson]

Stimulus Plan, People with Disabilities, and Olmstead. Information
Bulletin 

Steve Gold   #275 (1/09). 

 

The House of Representatives yesterday passed their version of the
Stimulus Plan which now goes to the Senate.  There's some good news for
people with disabilities and some glaring voids.

 

Some good point, include:

 

First, the House's Stimulus Plan version has $87 billion to help states'
pay for Medicaid services.

This is really critical for the elderly and disabled because a number of
states have been making noises about reducing community-based services,
waivers, long-term care. [Interesting, these same states have not been
threatening to reduce institutional care.]

In a previous Information Bulletin #268 (11/20/08),"States Cut Services
For Elderly, Disabled," and Our Response?" we discussed a number of ADA
challenges if your state carried through on such threats.  Obviously a
number of states do not believe advocates will sue them under the ADA or
do not care what the elderly and disabled communities care or want.

Our hope is that states' threats to reduce community-based services,
given the $87 billion stimulus, will be at least delayed and hopefully
never come to fruition.  If the threats do materialize, you should have
your lawyers ready.

What about affirmatively using the $87 billion to end waiting lists for
community-based services?  

The Olmstead decision talked about waiting lists moving at a "reasonable
pace."  We know that many states have many people on waiting lists for
community-based services for years!

Now is the time to meet with and talk to your state Medicaid officials
about how they will affirmatively use the $87 billion.  Do not let your
state violate the ADA by discriminating against people with disabilities
or the elderly!

 

Second, the House's Stimulus Plan version has $13 billion to fix up and
make more energy efficient public housing projects.  Finally!  Let's
make sure that these funds increase accessibility for people with
disabilities.  Under HUD's Section 504 regulations, "at least" 5% of
public housing units must be fully accessible.

We know, based on 2007 data from the census (American FactFinder's
American Community Survey), that we need a much larger percentage of
accessible public housing units.  There are two strategies advocates
should consider.  If a housing authority has not already complied with
the minimum 5%, make them, and if they have 5% already, make them
increase the supply of accessible units.

Now is the time to use these Simulus funds to make sure your public
housing authority increases the percentage of fully accessible units.

 

One unmentioned point:

    We hoped that Congress would initiate a national jobs program to
significantly increase the number of personal care attendants, aka, home
care aides.  We urged this in Information Bulletin #267, "Job Creation,
Save Substantial Medicaid Funds, and Do What Disabled and Elderly."

    An immediate "Stimulus" would be the creation, state by state, of a
sufficient number of personal care attendants to end all waiting lists.
This Stimulus could assure adequate pay and training, as well as health
care (via the federal government paying 100% of their Medicaid
benefits).  This would have the extra benefit of enforcing the ADA in
the process.

 

Stay tuned.  The Stimulus proposal is not final.  

Steve Gold, The Disability Odyssey continues

 

Back issues of other Information Bulletins are available online at
http://www.stevegoldada.com with a searchable Archive at this site
divided into different subjects.  To  contact Steve Gold directly, write
to stevegoldada at cs.com or call 215-627-7100.   

 

 

 

 

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