Incitement

Volume 20 No. 4             A Publication of ADAPT              Winter 2004/2005

 

ADAPT/Incitement

1339 Lamar SQ DR #101

Austin TX 78704

(512) 442‑0252 v/tty

(512) 442‑0522 fax

 

         Incitement is produced from the offices of Topeka Independent Living Resource Center (TILRC). Articles, letters, compositions, displays and photos are encouraged. Please contact Tessa Goupil for deadlines for submission of materials. The Editor reserves the right to edit or omit any material that is submitted. For more information, contact Tessa Goupil at TILRC or Stephanie Thomas at ADAPT.

 

Topeka Independent Living

Resource Center, Inc.

501 SW Jackson St., Suite 100

Topeka, KS 66603‑3300

(785) 233‑4572 v/tty

(785) 233‑1815 tty

(785) 233‑1561 fax

 

S’ No Joke . . .

ADAPT is DC Bound in February

         In February ADAPT is headed back to Washington DC.  We are going to follow up on our victory with the National Governor’s Association in Seattle last summer.  Our resolution is going before the full NGA at the legislative meeting in Washington, and ADAPT will be there to monitor its progress.

         More and more, states add to their control of Medicaid long-term care. With the President Bush victory and a Republican majority in both houses of Congress, the states rights trend will continue. Congress and the states want the federal government to turn over control to the states. 

         In addition, Congress and President Bush are vowing to cut the Federal budget. Medicaid has taken the lead as the largest piece of the budget, passing even education last year. Medicaid appears firmly in the sites of the federal budget cutters according to spokespeople in both parties. Rep. George Radanovich R-CA told Lawrence O’Rourke of McClatchy Newspapers in a December 12th article/- “Republicans are real sincere about cutting the budget, and that makes Medicaid vulnerable… The big entitlements, including Medicaid, are vulnerable.” Rep Anna Eschoo D also of CA, told O’Rourke “Medicaid could be on the table next year, including cuts in program services…” Both Eschoo and Radanovich sit on the House Energy and Commerce Committee, which is the committee that handles Medicaid legislation, and therefore are in a prime position to know what is in the wings. (Energy and Commerce is also where MiCASSA has become hung up the past few legislative sessions.)

         Many proposals are being tossed around, including Medicaid block grants that completely turn control over to the states. States are writing mega-waivers that will do much the same thing. Another approach is turning the program over to HMOs.

         The Governors will have a major effect on what Congress ultimately does with Medicaid Reform.

         With Social Security reform being rushed forward, attention will be diverted.

         On the brighter side, GOP pollster told O’Rourke in the same article, that “Americans, while supporting deficit reduction, are overwhelmingly against targeting Medicaid for big cuts...”

         Even when we get MiCASSA passed, states will have a big part in designing the services. We can’t ignore the states!

         Money Following the Person pays for existing state community-based programs with institutional funds.

 

Who Leads the States?

The Governors.

         So… neither snow, nor rain, nor dark of night will stay ADAPT from our appointed rounds this winter.

 

Where Does Your Governor Stand on the Resolution?

         Have you asked your Governor where he/she stands on the NGA Rendell Resolution? Has she/he answered you yet? Time is of the essence! Contact your Governor today!

 

Long John ADAPT

         Want to support ADAPT but can’t make it to DC in February? How about donating a set of unused long johns to keep an activist’s internal flame for justice burning through the icy chill of a DC winter. How about a blanket or a warm poncho?

         Dollar donations are also welcome.

 

Send to:

         National ADAPT

         201 S Cherokee

         Denver, CO 80223

 

Around the Nation

More Help Getting Folks Out

         For a long time for folks moving out of nursing homes, getting first and last months rent as deposit, was a big problem.  Now, here’s some good news!

         A clarification by CMS of the Medicaid rules will help transitioning folks move out of nursing homes.  Check it out at: http://www.cms.hhs.gov/newfreedom/transitions.pdf

         In CMSese this clarification allows states to bill Medicaid as a security deposit paid by transition funds. States can bill for the security deposit and up to the total of the first month’s rent, and all will be kosher in the legal offices of CMS. In the past this was thought to be a problem, since you can’t use Medicaid money for ongoing room and board.  The amount, up to two months rent, is billable under Medicaid transition services, as a security deposit.

         For CMS information:  Susan Hill  410/786-2754.

 

New Mexico ADAPT

         The New Mexico folks are to be congratulated!!!!

         NM Governor Bill Richardson has signed and endorsed the National Governor’s Association (NGA) resolution!

         NM ers and their supporters were the first to get their Governor to sign on to the Resolution that National ADAPT took to the NGA meeting in Seattle this past summer. At that meeting ADAPT got Pennsylvania Governor Rendell to agree to introduce this resolution supporting MiCASSA, Money Follows the Person, Olmstead implementation and more.

         The Resolution will be introduced and voted on in the NGA February meeting and the more Governors we have supporting it, the better. New Mexico jumped right on it and challenged Governor Richardson to sign. He rose to the challenge and committed his support!

         Has your Governor signed on?

 

ADAPT Hits AFSCME Offices Around the Country

         ADAPT supports a livable wage and good benefits for community attendant workers. AFSCME, American Federation of State, County and Municipal Employees is one of the largest unions supporting institutional services. Like oil and water they don’t mix.

         In mid September ADAPT activists across the country occupied AFSCME offices demanding a meeting with their President Gerald McEntee to negotiate AFSCME’s support for MiCASSA and good wages and benefits in community settings. As the faxes from around the country poured into the AFSCME Washington DC office and Capitol Area ADAPT members staging a protest outside their office on the sidewalk, Gerald McEntee agreed to a meeting in late February. The battles continue.

         Don’t mourn... ORGANIZE!

 

Your Governor and “Reforming”

Medicaid - the Battle Continues

Excerpted from Steve Gold

         The New York Times front page story on 12/26/04 was entitled “Governors Unite In Medicaid Fight.” In all likelihood, this will be the disability fight for 2005! While the Administration keeps hinting about “block grants” and super waivers, the Governors are singing a very different tune. They are telling the federal administration that “reform should not be part of a federal budget reduction process, especially if it does nothing more than shift additional costs to states.” While we could agree with that, there’s more.

         The Governor of your State is an important player, and therefore your disability community MUST know the facts and be ready to hold your Governor accountable.

 

What Advocates Should Do:

         1. Join ADAPT in Washington, DC. February 26th to March 2nd when the National Governors’ Association will meet to discuss your future! Medicaid reform is their number one issue.

         2. Get to your Governor NOW. Demand a meeting directly with the Governor - not bureaucratic intermediaries. Tell your Governor about specific folks who want to live in their community and tell your Governor to stop wasting Medicaid funds on expensive and unwanted nursing homes. Tell them to start a Money Follow the Person initiative, to develop true community based services, and to contract with Independent Living Centers to go into each nursing home and offer persons a real community program.

         3. Know the facts about your State and its Medicaid funding. Don’t let your Governor’ office talk around you. We have the facts on our side!!

 

         The full bulletin and back issues of other Information Bulletins are available online at http://www.stevegoldada.com

 

 

Around the World

Disabilities Act Mexico

         After many years of work, by Mexican disability rights activists, Mexico’s Disabilities Act Mexico just passed! Mexico’s national Disability Act is its own version of an ADA. This is a giant step forward for the Mexican people and a great victory for disability advocates around the world! The law covers new contraction, communications, employment and transportation.

         The following website has a press release in Spanish: http://www.el-universal.com.mx/pls/impreso/noticia.html?id_nota=258969&tabla

 

Make Sweden More Accessible

         In 2005 Sweden’s Parliamentary Discrimination Committee, which investigates if inaccessibility should be defined as discrimination will present it’s report. Therefore, the March for Accessibility 2005, plans to be seen and heard more than in previous years!  The March has opportunities for you to become involved, check the website at: http://www.marschen.se/viewpage.php?page=124

         Hans Filipsson, Organizing Committee of the March for Accessibility

 

Passages

Elaine Wilson

            Pioneer advocate of the “Olmstead Case” died free.

         Elaine Wilson, the EW of Olmstead v. LC and EW, advocate and plaintiff died on December 5th.

         If you knew Elaine, you knew a person who understood struggle, hope, and the willingness to try anything regardless of the odds. She was 53.

            Lois Curtis and Elaine Wilson of the historic Olmstead v. L.C. and E.W. decision.

            On June 22, 1999, the US Supreme Court decided in a Georgia case that Title II of the ADA requires States “to provide community-based treatment for persons with mental disabilities when”:

“The State’s treatment professionals determine that such placement is appropriate,”

“The affected persons do not oppose such treatment,” and

“The placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities.”

The Court also held that “unjustified isolation . . . is properly regarded as discrimination based on disability.”

 

Utah Baby!

         Utah ADAPT has found one way to recruit new ADAPTers… While ADAPT was invading WA in July, Tammy Burton  was waiting to pop! On July 27th, she became the proud mommy of a beautiful, healthy baby boy named Benny (for Benjamin). Life is real real good. Tammy says “Please know that I’m always cheering the cause & ADAPT on. I can see my husband and son ADAPTing with me in a couple years too.”

 

Wedding News

         Roxan Perez and Tobie Tyler were MARRIED on Sept. 19, 2004 at Treasure Island, Las Vegas!!! Congratulations to the happy couple from all in ADAPT.

 

Tony Perrone

         Tony, the Georgia dervish of passion for inclusion, opportunity and equality for people with disabilities of all ages — but especially young people with disabilities, passed on September 2004. The man who wrapped our bus for the Rolling Freedom bus tour for the Olmstead case and helped shepherd the tour to success, was always there for ADAPT. He was also constantly recruiting and including teens and young adults. He represented GA at national planning stuff and at actions, even when no one else from the state could make the time. Then, despite his cancer, he was there supporting the Free Our People march. Tony will be greatly missed!

 

Debbie Steward

From Laura Glozier

         SWPA ADAPTer Debbie Steward will be missed.

         It is with great sadness that we let our ADAPT family know that Debbie Stewart passed away on October 9, 2004. She was a true activist in the disability rights movement. Her commitment was unwavering and she wanted to see all her brothers and sisters free from those “hell holes.” I would like to share an e-mail she sent, showing that commitment.

         “Yesterday morning as I was having breakfast I had not taken my daily shower yet. For some reason I felt more soiled than usually and could not wait to get in my shower. When I was in the shower soaping myself, my thoughts turned to people in nursing homes. I thought I bet those poor older persons has not showered in weeks, maybe months due to lack of personnel or worse, nobody including family members gave a damn about these people. I thought to myself we got to get MiCASSA passed before it is too late. For it is already too late. Taking a simple shower is a right and a gift everyone should have. — Deb Stewart”

         We will miss you Deb!

 

Tex Wiley

         A great activist, Donald (Tex) Wiley, died January 5th at a Baltimore  hospital. He was 43. A nursing home survivor, Tex spent 17 years in three facilities in PA and Maryland. He frequently testified on community choice issues.

         Tex was with Maryland ADAPT from its inception in 1997. He never missed an action if he could help it. He missed meetings any way he could.

         Tex had a big heart and a big voice. He was 6' 4" and had a wheelchair the size of an SUV. He intimidated cops and blocked doors like nothing. Many in National ADAPT knew him by name or reputation.

         Maryland ADAPT has lost a true warrior.

 

Evelyn Riley

From Shona Eakin

         Erie ADAPT has lost a member of our family. Evelyn Riley passed away on Friday November 26 2004. She LOVED ADAPT. She has been to several national actions. Evelyn spent many years in a nursing facility and was finally freed in June of 2003.

         She was proud of her arrest in Washington DC and she shared her experiences with ADAPT with everyone she met. We all loved her very much.

         Free Our People

 

Debra Selman

From Mark Johnson

         Debra Selman, local Savannah GA activist and ADAPTer from way back in the transit days, died in December 2004.

         “I wish (Savannah) would catch up to the rest of the world,’’ said Selman at a 1999 march to City Hall to protest the city’s lack of accessibility for the disabled. “Maybe it won’t in my lifetime, but something has to give.”

         Selman’s activism focused on access to public transportation, businesses and government buildings. She also helped folks move out of nursing homes through a local church group called the Storytellers. Selman was also a protector of the Thomas Square neighborhood, taking on drug dealers with a water gun and mentoring kids.

         She will be missed!

 

Support the work of ADAPT! Become Inciteful!

            Incitement comes out on a quarterly basis. With all that is going on it is so important that you give all you can. Even though there is no mandatory subscription, it does cost money to keep the information flowing. Your contribution keeps the activist voice of ADAPT speaking out.

Send to:

TILRC/Incitement

501 SW Jackson St

Topeka, KS 66603

 

         Yes! I support ADAPT. Here is my contribution for Incitement:

 

$10      $15            $25

$35      $50            $75

$100         $500

Other

 

Your contribution is tax deductible.

 

         Make checks payable to: Topeka Independent Living Resource Center

 

Name 

Address

City                  State        Zip­

Phone

e‑mail