California Disability Community Action Network
DISABILITY RIGHTS NEWS REPORT
Advocacy Without Borders: Connecting People With Disabilities, Mental Health Needs, Seniors, Traumatic Brain & other injuries, People with MS & other health needs, Families, including People of color, languages and cultures, Workers, Providers, & Organizations to Rights & Unified Action
Report #059-2007  April 30, 2007 - Monday
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Federal Medicaid Bill
* Disability Advocates Launch Action In Washington DC
* Protest Outside Congressional Office Building
* 100 Persons Arrested Protesting on Capitol Hill
* Conduct Sit-Ins In House Committee Chair's Office
* Urge Sponsorship & Passage of "Community Choices Act"

WASHINGTON, DC  -  About 100 persons with disabilities, nearly all in wheelchairs, were arrested in Washington DC today (April 30), on Capitol Hill after protests in support of  newly introduced federal legislation known as the "Community Choices Act", that calls for major changes to federal Medicaid laws to provide more choices and funding to enable people with disabilities and seniors to have choices to remain in their own homes rather than placement in a health or other institutional facility.   US Capitol Police confirmed the arrest of at least 74 persons with disabilities, though one of the protest organizers said the number was 120 persons arrested inside and around the Sam Rayburn House office building located on Capitol Hill near the US Capitol building.  Some of the of the 435 US Representatives have offices in that building, including the committee chair and top Republican member - and the committee hearing room. 

As of April 30, there were no other confirmed reports but organizers said that over 500 disability advocates from across the nation filled the driveway outside the main entrance of the Rayburn House Office Building Monday afternoon.  Inside US Capitol Police arrested, about 15 ADAPT activists who staged a sit in occupying the office of Rep. John Dingall (Democrat - Michigan), House Energy and Commerce Committee chair, with another 15  who occupied the office of the ranking Republican on the committee, Rep. Joe Barton's (Republican - Texas),and another 30 advocates who occupied the House Energy and Commerce Committee hearing room where the "Community Choices Act" will eventually be likely heard. 
The protest was organized by the American Disabled for Attendant Programs Today, or ADAPT, a nationwide grassroots disability rights advocacy oranization that promotes community-based supports and services for persons with disabilities so that they can live independently.  ADAPT, founded in 1983,  has chapters in over 30 states including California, and is based in Denver, Colorado and also Austin, Texas.  [Photo left, is ADAPT event day before arrests at US Capitol offices - a fundraising "fun run" around the US Capitol, that was also an awareness campaign It is not certain if the people pictured were among those arrested]. The organization has a website that includes very short (14 second or so) video clips of some ADAPT events at http://www.adapt.org.  There is also a link to the organization from the CDCAN website at www.cdcan.us

The organization has been visible in pushing for changes to federal Medicaid and housing laws to direct more funding to community-based services and supports including the "Money Follows the Person" demonstration project that was part of President Bush's New Freedom Initiative. California applied for and was approved for a "Money Follows the Person Demonstration" grant, which is being implemented by the California Department of Health Care Services. Please go to the CDCAN website for more information and federal and state documents on the grant at www.cdcan.us

Members of ADAPT  are in  Washington DC from April 28 to May 3 to push for passage of the "Community Choice Act" and promote affordable, accessible, integrated housing for people with disabilities. ADAPT representatives said that their successful efforts helped to result in the "Money Follows the Person" Medicaid demonstration grants that was part of the federal budget passed last year.  That act provided funding and changes to Medicaid laws to allow states - with federal approval - to implement demonstration pilot projects that propose to offer Medicaid services and supports in different ways that allow a person with disabilities and seniors to live more independently in their own homes and community and to assist people to move out of nursing homes and other health facilities and return to their own homes and communities. [Photo right shows advocates being arrested April 30 - Photo by ADAPT]

Accessible Housing Major Focus To Aid In Community Choice
Mike McCarty an ADAPT member from Boulder, Colorado said that "... It's time to assure that people are not forced into institutions to begin with. And, it's also time to put focus on housing, so people coming out of nursing homes and institutions have someplace to live. And that someplace has to be affordable, it has to be accessible, it has to be integrated, and it has to be permanent housing, not transitional."
Federal Housing and Urban Development (HUD) officials were scheduled to meet with ADAPT representatives on Tuesday (May 1) on their organization's "Access Across America," plan to increase the number of affordable, accessible, integrated housing for people returning to their communities from nursing homes and other institutions.

Federal "Community Choices Act "
The proposed "Community Choices Act", S.799,  which would make changes to the federal Medicaid laws was introduced in the US Senate on March 7, 2007 by US Sen. Tom Harkin (Democrat - Iowa). An identical bill, HR 1621 was introduced on March 21 in the House of Representatives, by Representative Danny K. Davis (Democrat - Illinois, 7th District).   Both bills would change (amend) Title XIX (19) of the federal Social Security Act to provide individuals with disabilities and older Americans with equal access to community-based attendant services and supports, and for other purposes.  [Photo left shows advocates being arrested April 30 - Photo by ADAPT]

Sponsors and supporters of the the "Community Choice Act" say that it will provide choices for people with disabilities and seniors and their families and will "fundamentally change" the nation's long term care system and the "institutional bias" that they say exists. The legislation builds on the "Money Follows the Person" concept, potentially impacting the over  2 million Americans currently residing in nursing homes and other health facilities and institution.
S.799 - "COMMUNITY CHOICES ACT"
AUTHOR: US Sen. Tom Harkin (Democrat - Iowa)
WHAT BILL WOULD DO
* Community Choice Act of 2007 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require a state Medicaid plan coverage of community-based attendant services and supports for certain Medicaid-eligible individuals.
* Outlines requirements for: (1) an enhanced federal medical assistance percentage (FMAP) for ongoing activities of early coverage states that enhance and promote the use of community-based attendant services and supports; and (2) increased federal financial participation for certain expenditures incurred by the state for the provision of such services and supports.
* Directs the US Secretary of Health and Human Services to: (1) award grants to eligible states which have established a Consumer Task Force to assist the state in its development of real choice systems change initiatives; and (2) conduct a demonstration project for the purpose of evaluating service coordination and cost-sharing approaches with respect to the provision of community-based services and supports to dually eligible individuals.
Related bills: HR 1621
Printer friendly version of bill: http://thomas.loc.gov/cgi-bin/query/C?c110:./temp/~c110Vo3qMG
LATEST ACTION 03/07/07:  Introduced. Read twice and referred to US Senate Committee on Finance.
CDCAN COMMENT: ADAPT is seeking additional co-sponsors.  Currently as of 4/30/07 there were 11 US Senate co-sponsors:  US Senate co-sponsors of S.799 includes three presidential candidates (Biden, Clinton and Dodd): US Sen. Joe Biden, Jr (Democrat - Delaware), , US Sen. Robert Casey, Jr (Democrat - Pennsylvania), US Sen. Hillary Rodham Clinton (Democrat - New York), US Sen. Chris Dodd (Democrat - Conneticut), US Sen. Ricahrd Durbin (Democrat - Illinois), US Sen. Edward M. Kennedy (Democrat - Massachusetts), US Sen. Daniel Inouye (Democrat - Hawaii), US Sen. Joe Lieberman (Democrat - Connecticut), US Sen. Ken Salazar (Democrat - Colorado), US Sen. Charles Schumer (Democrat - New York), US Sen. Arlen Specter (Republican - Pennsylvania)

HR 1621 - "COMMUNITY CHOICES ACT"
AUTHOR: Rep. Danny K. Davis (Democrat - Illinois, 7th District)
WHAT BILL WOULD DO
* Community Choice Act of 2007 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require a state Medicaid plan coverage of community-based attendant services and supports for certain Medicaid-eligible individuals.
* Outlines requirements for: (1) an enhanced federal medical assistance percentage (FMAP) for ongoing activities of early coverage states that enhance and promote the use of community-based attendant services and supports; and (2) increased federal financial participation for certain expenditures incurred by the state for the provision of such services and supports.
* Directs the US Secretary of Health and Human Services to: (1) award grants to eligible states which have established a Consumer Task Force to assist the state in its development of real choice systems change initiatives; and (2) conduct a demonstration project for the purpose of evaluating service coordination and cost-sharing approaches with respect to the provision of community-based services and supports to dually eligible individuals.
Related bills: S.799
Printer friendly version of bill: http://thomas.loc.gov/cgi-bin/query/C?c110:./temp/~c110VbxDmT
LATEST ACTION 03/21/07:  Introduced. Read twice and referred to House Committee on Energy and Commerce.
CDCAN COMMENT:  Currently there are only 3 co-sponsors of the bill: Rep. Diana DeGette (Colorado, 1st District), Rep. John Shimkus (Illinois, 19th District) and  Rep. Peter Visclosky (Indiana, 1st District)

Californians on House Energy and Commerce Committee
Total Members: 57 (31 Democrats and 26 Republicans)
Chair: Rep. Dingall (Democrat - Michigan)   Ranking Republican:  Joe Barton (Republican - Texas)
California Democrats on this Committee: Rep. Henry Waxman, Rep. Anna G. Eshoo, Rep. Lois Capps, Rep. Jane Harman, Rep. Hilda Solis,
California Republicans on this Committee: Rep. George Radanovich, Rep. Mary Bono,

Money Follows the Person Grants - California Proposal Approved
"Money Follows the Person" demonstration grants allows states to redirect long-term care funding from institutions to alternatives in the community. This will allow many Americans to choose to live at home rather than an expensive institution.  
The federal Centers for Medicare & Medicaid Services (CMS) asked for proposals from the states to participate in the "Money Follows the Person Rebalancing Demonstration" created by section 6071 of the Deficit Reduction Act of 2005 (P.L. 109-171), which was passed by Congress and signed by the President in February 2006.  California submitted a proposal last fall, and the federal government approved the grant.  Click here for more information on Money Follows the Person (Medi-Cal and follow the links) on the CDCAN website
The demonstration grants for all the states who submitted and were approved, total of $1.75 billion over 5 years in competitive grants to support efffort to:
* "Rebalance" their long-term support system so that people with disabilities and seniors have a choice of where they live and receive services.
* Transition people with disabilities and seniors from institutions who want to live in the community.
* Promote a system that provides person centered, appropriate, needs based, quality of care and quality of life services and a quality management strategy that ensures the provision of, and improvement of such services in both home and community-based settings and institutions. 


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