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#425 From: "Donna" <donna.gillette@...>
Date: Mon Nov 23, 2009 3:01 pm
Subject: "Optional" Medicaid cuts seem to be off the table
donnagillette72
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From: Harvey Rosenthal

To: nyaprs@...

Sent: Friday, November 20, 2009 8:29 AM

Subject: [NYAPRS Enews] Medicaid Option Cuts Rejected, Budget Talks Continue



NYAPRS Note: We're happy to pass along the following comments from Medicaid
Matters' Lara Kassell: "…Cuts to "optional" Medicaid services are no longer part
of the discussion. The Senate Republicans had a press conference today to line
out what they think the DRP should look like, and it does not include the cuts
in services they had originally been talking about.  Also, as of late yesterday,
Assembly Minority Leader Kolb retracted the proposal he included in his laundry
list to cut personal care services.  This was due to the hard work of the Center
for Disability Rights and their advocacy effort."

"None of this means we should sit back on our laurels, because nothing is done
until its done, but I think we can recognize that the benefits fight seems to
behind us (for the time being!). Yesterday's mobilization of the consumer
advocacy community was a terrific show of what we are capable of when we work
together to make our voices heard!  Attacks to the core of Medicaid and what
Medicaid is about in New York will likely be back sooner than we'd like to
think.  The press release we did yesterday can be used as a tool to help keep
the message strong and clear as the next budget cycle approaches, and we will
strategize together on how to continue our work. Thank you to everyone who has
worked hard to this point to make sure the DRP will be as pain-free as possible
for low-income New Yorkers and the providers who serve them!"

Great thanks to Medicaid Matters and the Center for Disability Rights for their
leadership on this and to all our members and friends who joined in the effort!



State Budget Still A Bust In Albany

BY Kenneth Lovett   New York Daily News   November 20, 2009

ALBANY - The state Legislature went home for the weekend Thursday without a deal
with Gov. Paterson to close a $3.2 billion budget gap.

It's the second straight week lawmakers rebuffed Paterson, who has called them
into special session to get a budget deal done.

Paterson has proposed major health care and education cuts. Senate lawmakers say
they have agreed among themselves on $2.6 billion in measures that would be
easier on schools and health.

Negotiations are continuing. One idea is to use federal stimulus money to avert
a good portion of the $686 million in school aid cuts Paterson wants.

There's also talk of increasing nonresident tuition for SUNY students.

"We can probably have a budget deal tonight if I just wanted to push the
problems [to next year]," Paterson groused.



http://www.nydailynews.com/news/2009/11/20/2009-11-20_state_budget_still_a_bust.\
html#ixzz0XPDJWR1U

#424 From: "Donna" <donna.gillette@...>
Date: Mon Nov 16, 2009 8:33 pm
Subject: Tell State Leaders services are essential to independent living!
donnagillette72
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Statewide Systems Advocacy Network (SSAN)
  ACTION ALERT
November 16, 2009


Issue:  Tell state leaders and legislators to reject the proposed massive cuts
to home care, SSI and ILCs TODAY!


Action:
State leaders are back in Albany this week and expected to reach an agreement on
mid-year cuts.  Call state leaders and your legislators NOW and urge them to
stop the cuts to home care, personal care SSI and ILCs.  Use the text from last
week's action flyer (see below) as talking points.

CALL GOVERNOR PATERSON AT 518-474-8390
CALL ASSEMBLY SPEAKER SILVER AT 518-455-3791
CALL SENATE LEADER JOHN SAMPSON AT 518-455-2788
CALL YOUR SENATOR AND ASSEMBLYMEMBER

Background:  Reductions to Independent Living, Home Care and SSI mean that
people who can be cost-effectively served at home in the community will be
forced into costly nursing homes and institutions!

When the Governor last proposed across-the-board cuts, he agreed that they were
a bad idea, but he needed respond to an unforeseen crisis. Now the Governor's
proposed deficit reduction plan does the same thing and includes cuts aimed at
people with disabilities and the programs that serve them. New York State can't
afford to lose the resources and cost effective home care services that help
seniors and younger people with disabilities stay independent and participate in
our communities. Cutting these services will lead to increased Medicaid spending
as people with disabilities and seniors are forced into nursing facilities and
other institutions. The Governor may be trying to save dollars, but he's not
making sense.

Cutting Independent Living Centers doesn't make sense!
Independent Living Centers are peer-run organizations that provide information,
advocacy, training and peer support for people with disabilities using a
cost-effective, non-medical model. ILCs save New York taxpayers more than $9 of
institutional costs for every state dollar invested; for a net savings of
upwards of $110 million each year as a result of avoided institutionalized care
for people with disabilities. The Governor's proposed deficit reduction plan
singled out ILCs for an across the board cut while holding nearly all other
VESID funded programs harmless. Centers have been woefully under-funded for at
least a decade and their funding was cut twice last year. Additional cuts will
further reduce the centers' ability to provide much needed services to people
with disabilities wishing to remain independent in their homes and community at
a time when we need these services most!

Cutting Home Care doesn't make sense!
Seniors and people with disabilities overwhelmingly prefer home care, including
both consumer-directed and traditional approaches, over nursing homes and
institutions. Home care services are generally more cost effective than
institutionalization. Even so, the Governor has proposed cutting home care by
10% for the remainder of the fiscal year, plus a 3.7% reduction thereafter.
These proposed cuts will result in more seniors and people with disabilities
being forced into costly and restrictive institutional settings because they can
no longer get the supports they need to remain in their own homes.


Cutting SSI doesn't make sense!
The Governor has proposed to cut the State's Supplemental Security Income (SSI)
by $11.4 million, reducing the monthly income of individuals with disabilities
who are already living 17% below the federal poverty level. Reducing the SSI
state supplement by even the smallest amount threatens an individual's ability
to remain in the most integrated setting and increases the risk of
institutionalization.

  After you've completed this alert send an e-mail letting us know -
donna.gillette@...
Thanks for all you do to support independent living in our community!

#423 From: "Donna" <donna.gillette@...>
Date: Tue Nov 10, 2009 8:12 pm
Subject: Call Legislators to stop cuts to homecare , SSI, and independent living
donnagillette72
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Statewide Systems Advocacy Network (SSAN)
  ACTION ALERT
November 10, 2009


Issue:  Tell your legislators to reject the proposed massive cuts to health and
home care services TODAY!

Action:  The legislature is meeting today for a Special Session to deal with the
state's deficit and Governor Paterson has told the legislature he needs $800
million of the $1.3 B in local cuts TODAY.  Call your legislators NOW and urge
them to stop the cuts to home care, personal care SSI and ILCs.  Use the text
from yesterday's action flyer (see below) as talking points.

Background:  Reductions to Independent Living, Home Care and SSI mean that
people who can be cost-effectively served at home in the community will be
forced into costly nursing homes and institutions!

When the Governor last proposed across-the-board cuts, he agreed that they were
a bad idea, but he needed respond to an unforeseen crisis. Now the Governor's
proposed deficit reduction plan does the same thing and includes cuts aimed at
people with disabilities and the programs that serve them. New York State can't
afford to lose the resources and cost effective home care services that help
seniors and younger people with disabilities stay independent and participate in
our communities. Cutting these services will lead to increased Medicaid spending
as people with disabilities and seniors are forced into nursing facilities and
other institutions. The Governor may be trying to save dollars, but he's not
making sense.

Cutting Independent Living Centers doesn't make sense!
Independent Living Centers are peer-run organizations that provide information,
advocacy, training and peer support for people with disabilities using a
cost-effective, non-medical model. ILCs save New York taxpayers more than $9 of
institutional costs for every state dollar invested; for a net savings of
upwards of $110 million each year as a result of avoided institutionalized care
for people with disabilities. The Governor's proposed deficit reduction plan
singled out ILCs for an across the board cut while holding nearly all other
VESID funded programs harmless. Centers have been woefully under-funded for at
least a decade and their funding was cut twice last year. Additional cuts will
further reduce the centers' ability to provide much needed services to people
with disabilities wishing to remain independent in their homes and community at
a time when we need these services most!

Cutting Home Care doesn't make sense!
Seniors and people with disabilities overwhelmingly prefer home care, including
both consumer-directed and traditional approaches, over nursing homes and
institutions. Home care services are generally more cost effective than
institutionalization. Even so, the Governor has proposed cutting home care by
10% for the remainder of the fiscal year, plus a 3.7% reduction thereafter.
These proposed cuts will result in more seniors and people with disabilities
being forced into costly and restrictive institutional settings because they can
no longer get the supports they need to remain in their own homes.


Cutting SSI doesn't make sense!
The Governor has proposed to cut the State's Supplemental Security Income (SSI)
by $11.4 million, reducing the monthly income of individuals with disabilities
who are already living 17% below the federal poverty level. Reducing the SSI
state supplement by even the smallest amount threatens an individual's ability
to remain in the most integrated setting and increases the risk of
institutionalization.

Here's the numbers:
Senator Farley 518.455-2181
Senator Seward 518.455-3131
Senator Griffo 518.455-3334
Senator Valesky 518.455-2838

Assemblywoman Roann Destito 518.455-5454
Assemblyman Marc Butler     518.455-5393
Assemblyman William Magee   518.455-5237
Assemblyman George Amedore  518.455-5197
Assemblyman David Townsend  518.455-5334

   e-mail donna.gillette@... to let us know when you've completed your
calls.  If you have questions about this alert, contact Donna at the e-mail
above or by calling 315.797-4642.  Thanks.

#422 From: "Donna" <donna.gillette@...>
Date: Fri Nov 6, 2009 10:53 pm
Subject: Tell legislators NO to massive cuts to vital Medicaid services!
donnagillette72
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Statewide Systems Advocacy Network (SSAN)
  ACTION ALERT
November 6, 2009


Issue:  Tell your legislators  to reject the proposed massive cuts to health and
home care services!

Action:  Along with having a large presence and visibility in Albany this
Monday, we need to continue to remind the legislative leaders and our local
legislators that the Governor's proposed across the board cuts are UNACCEPTABLE.
Please encourage ILC staff, board, volunteers and consumers that aren't coming
to Albany on Monday to support our advocacy efforts by completing this action.

Use the Center for Disability Rights' capwiz to send letters to your legislators
about the harmful effects Paterson's proposed cuts would have on people with
disabilities.  Click on the "Take Action" link below, which will take you to a
sample letter.   Feel free to edit the letter to make it more personal.

  Take Action

Background:  People with disabilities and seniors are being hit from both sides
of the political aisle.  Governor Paterson is proposing 10% cuts in social
service programs, including home care.  Meanwhile New York Republicans are
proposing to completely eliminate all Medicaid services that are labeled
"optional" by the federal government, including coverage for prescriptions and
home care, as well as 18 other essential health care services.

It is critical that we respond quickly and in no uncertain terms that these
proposals are unacceptable.  Your legislators need to hear from you now.

When you have completed this alert e-mail donna.gillette@... and let us
know.  If you have questions about this alert or need more information call
Donna Gillette at 315.797-4642 or at the e-mail above.  Thanks for all you do!

#421 From: "Donna" <donna.gillette@...>
Date: Wed Oct 28, 2009 4:53 pm
Subject: Use CDR Capwiz to Stop Massive Cuts to Homecare and other Services
donnagillette72
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Statewide Systems Advocacy Network (SSAN)
  ACTION ALERT
October 28, 3009



Issue:  Stop the Governor's Proposed Cuts to Health and Home Care Services!

Action:  Use the Center for Disability Rights' capwiz to send letters to the
Governor about the harmful effects his proposed cuts would have on people with
disabilities.

Click on the "Take Action" link below, which will take you to a sample letter.  
Feel free to edit the letter to make it more personal.

Take Action
  http://capwiz.com/rochestercdr/issues/alert/?alertid=14224326


Background:  People with disabilities and seniors are being hit from both sides
of the political aisle.  Governor Paterson is proposing 10% cuts in social
service programs, including home care.  Meanwhile New York Republicans are
proposing to completely eliminate all Medicaid services that are labeled
"optional" by the federal government, including coverage for prescriptions and
home care, as well as 18 other essential health care services.

It is critical that we respond quickly and in no uncertain terms that these
proposals are unacceptable.  Governor Paterson, in particular, needs to hear
from you now.  There are other ways to address the budget shortfall, and it's
his job to identify them and have the political courage to say "no" to
non-essential pet projects.

After you've completed your call, e-mail donna.gillette@... to let us know.
If you have questions or need help completing this alert call 315.797-4642 or
e-mail Donna at the above e-mail. Thanks for all you do!

#420 From: "Donna" <donna.gillette@...>
Date: Mon Oct 26, 2009 2:10 pm
Subject: Stop cuts to essential Medicaid services for individuals with disabilities
donnagillette72
Offline Offline
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Statewide Systems Advocacy Network (SSAN)
  ACTION ALERT
October 23, 3009


Issue:  Stop Proposed Massive Cuts of Health and Home Care Services

Action:  Use the Center for Disability Rights' capwiz to send letters to
legislative leaders about the harmful effects their proposed cuts would have on
people with disabilities.

Click on the "Take Action" link below, which will take you to a sample letter.  
Feel free to edit the letter to make it more personal.

Take Action!

Background:  People with disabilities and seniors are being hit from both sides
of the political aisle.  Governor Paterson is proposing 10% cuts in social
service programs, including home care.  Meanwhile New York Republicans are
proposing to completely eliminate all Medicaid services that are labeled
"optional" by the federal government, including coverage for prescriptions and
home care, as well as 18 other essential health care services.

It is critical that we respond quickly and in no uncertain terms that these
proposals are unacceptable.  The leaders in the legislature need to hear from
you now.  There are other ways to address the budget shortfall, and it's their
job to identify them and have the political courage to say "no" to non-essential
pet projects.  Proposals that will destroy human lives must not be tolerated.

Use this link to the Center for Disability Rights Action Center to send a
message to legislators and Governor Paterson that we will not tolerate essential
services being cut.

http://capwiz.com/rochestercdr/issues/alert/?alertid=14224326&queueid=4133318576

After you complete this alert, send an e-mail to donna.gillette@... to let
us know.  If you have questions, contact Donna Gillette at this e-mail or call
315.797-4642. Thanks for all you do!

#419 From: "Donna" <donna.gillette@...>
Date: Thu Oct 8, 2009 7:31 pm
Subject: Calls to key Senators needed to protect Community Choice Option!
donnagillette72
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Statewide Systems Advocacy Network (SSAN)
ACTION ALERT
October 8, 2009

This alert comes to us from the National Council on Independent Living (NCIL)


Issue:  The Fight is On! Join the Community NOW Advocacy Day.

Action:  Join your fellow disability advocates for a second national Day of
Advocacy TODAY to ensure the CFC Option and the CLASS Act make it into the final
health care reform bill.

Dial 1-800-828-0498 and ask to speak to your Senator.  Along with calling NY
Senators Schumer and Gillibrand, the following Senators are influential in the
processes of merging the legislation, and our message must reach them:

Jeff Bingaman, New Mexico
John F. Kerry, Massachusetts
Blanche L. Lincoln, Arkansas
Ron Wyden, Oregon
Bill Nelson, Florida
Robert Menendez, New Jersey

Here's what to say:

"I strongly support the Community First Choice Option and the CLASS Act as a
part of the final healthcare bill in the Senate. I urge the Senator to please
support both of these priorities for people with disabilities as the Senate
Finance and HELP Committees merge their bills."

Background:  It has recently become apparent the lengths to which opponents of
long term care supports will go to defeat reform. Several governors are
partnering with the long term care insurance industry to mobilize against the
CLASS Act and the Community First Choice Option. We cannot sit idly by and watch
opponents of our priorities kill the progress we have made: the time to act is
now!

The Community First Choice (CFC) Option was proposed by Senator Tom Harkin
(D-IA) as a way to get the key provisions of the Community Choice Act (CCA) in
the healthcare reform bill.  The option would encourage states to provide
Medicaid home and community based attendant services (rather than require them
as the CCA would do). The CFC Option would be a major step in helping to end
Medicaid's institutional bias.  The CFC Option is included in the Senate Finance
Committee's healthcare reform bill.

The Community Living Assistance Services and Supports (CLASS) Act (also called
the CLASS Plan) would create a national voluntary long term care insurance
program.  It was developed to help people better prepare for their long term
care needs and to help take pressure off of the Medicaid program.  The CLASS Act
is in the Health, Education, Labor and Pensions (HELP) Committee's version of
the healthcare reform bill.  The CLASS plan would reduce the federal deficit by
an estimated $58 billion.

Whether the CFC option and the CLASS Act make it into the final Senate health
care reform bill is up to us.  The time to act is now!

E-mail donna.gillette@... to let us know that you responded to this alert
and how your calls went.  Thanks for all you do!

#418 From: "Donna" <donna.gillette@...>
Date: Thu Oct 1, 2009 7:36 pm
Subject: Statewide Systems Advocacy Alert - Don't cut Medicaid
donnagillette72
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Statewide Systems Advocate Network (SSAN)

ACTION ALERT

October 1, 2009

Special thanks to New Yorkers for Accessible Health Coverage (NYFAHC) / CIDNY
for making the network aware of this issue.

Issue:  Don't Cut Medicaid for Working People with Disabilities

Action:  Please call Senators Baucus, Schumer, and Gillibrand today and ask them
to remove the language in the Chairman's Mark which would eliminate Medicaid
income disregards effective January 1, 2014.

Use the toll free number 1-800-828-0498 to reach the Capitol Switchboard and ask
to be put through to the offices of Senator Baucus, Senator Schumer, and Senator
Gillibrand.

Background:  New Yorkers for Accessible Health Coverage (NYFAHC) learned last
week that a little unnoticed provision in the Chairman's Mark of the Senate
Finance America's Healthy Future Act of 2009 would jeopardize the ability of
people with disabilities to work and keep critical health care coverage.  It
would eliminate Medicaid income disregards which are not attached to the receipt
of cash assistance.

In New York we have Medicaid Buy-in for Working People with Disabilities, which
allows people to keep their Medicaid coverage for things that are absolutely
necessary to maintain their health and functioning -- such as durable medical
equipment, hearing aids, medical supplies, and home care - things which they
cannot get through Medicare or will be able to get through a Health Care
Exchange.  These people have their income calculated using "SSI related" earned
income disregards.   Current law does not permit states to use different rules
to calculate income if any individual might lose eligibility as a result.  The
Baucus proposal would mandate that thousands of working New Yorkers with
disabilities lose their eligibility for Medicaid unless they stop working or
work only part time.

Because people with disabilities cannot go without the health care they receive
through the Medicaid program, we do not believe that eliminating these
disregards will significantly decrease the number of people receiving Medicaid
or save the government a sizeable amount of money, but it will decrease the
opportunity for people with disabilities to have more meaningful productive
lives.

The elimination of income disregards will also impact an untold number of other
"dual eligibles" who are eligible for both Medicare and Medicaid.  NYFAHC is
continuing to review this proposal's impacts and others and will be raising this
issue with our congressional delegation.  The provision is not in H.R. 3200, the
House health care reform bill.


Please let us know when you've completed this alert by sending a quick e-mail to
donna.gillette@....  Every call matters - make sure your voice is counted
in these important healthcare reform discussion!  Thanks for all you do.

#417 From: "Donna" <donna.gillette@...>
Date: Tue Sep 22, 2009 3:47 pm
Subject: Pass the Community First Choice Amendment!
donnagillette72
Offline Offline
Send Email Send Email
 
SSAN Action Alert

September 21, 2009



Special thanks to Center for Disability Rights (CDR) for keeping the network
up-to-date on all actions related to the Community Choice Act.  Help support the
national efforts to include the Community First Choice option in health care
reform by spreading this alert far and wide!



Issue:  Pass the Community First Choice Amendment!



Action:  This is huge news!  New York Senator Schumer introduced the Community
First Choice amendment to the Senate Finance Committee's health care reform! The
next step is to urge the Committee to pass the amendment.



Now, we need to call on our friends and family across the country to contact
their Senator on the Senate Finance Committee and urge them to support the
amendment.  Have a friend in Kentucky ? An aunt in Florida ? Have them call
their senator TODAY and say:



"I am calling because NY Senator Schumer just introduced the Community First
Choice amendment to the health care bill and I want my Senator [name] to help
pass this amendment!  Everyone should have a choice to get home care and not be
stuck in a nursing facility."



[More info] The amendment would give states increased federal Medicaid matching
funds for providing attendant services and supports as an alternative to nursing
facilities and institutions.



Below is a list of all of the Senate Finance Committee members and their D.C.
phone number.  (If the Senator is already a co-sponsor of CCA—as noted
below—then they should be the first to support this amendment!)



Arizona:

Jon Kyl (R)

(202) 224-4521



Arkansas:

Blanche Lincoln (D)

(202) 224-4843



Delaware:

Tom Carper (D)

(202) 224-2441



Florida:

Bill Nelson (D)

(202) 224-5274



Idaho:

Mike Crapo (R)

(202) 224-6142



Iowa:

Chuck Grassley (R)

(202) 224-3744



Kansas:

Pat Roberts (R) [CCA CO-SPONSOR!]

(202) 224-4774



Kentucky:

Jim Bunning (R)

(202) 224-4343



Maine:

Olympia Snowe (R)

(202) 224-5344



Massachusetts:

John F. Kerry (D) [CCA CO-SPONSOR!]

(202) 224-2742



Michigan:

Debbie Stabenow (D) [CCA CO-SPONSOR!]

(202) 224-4822



Montana:

Max Baucus (D) [Chair of Sen. Finance Committee]

(202) 224-2651



Nevada:

John Ensign (R)

(202) 224-6244



New Jersey:

Robert Menendez (D) [CCA CO-SPONSOR!]

(202) 224-4744



New Mexico:

Jeff Bingaman (D)

(202) 224-5521



North Dakota:

Kent Conrad (D)

(202) 224-2043



Oregon:

Ron Wyeden (D)

(202) 224-5244



Texas:

John Cornyn (R)

(202) 224-2934



Utah:

Orrin Hatch (R)

(202) 224-5251



Washington:

Maria Cantwell (D)

(202) 224-3441



West Virginia:

John D. Rockefeller, IV (D)

(202) 224-6472



Wyoming:

Mike Enzi (R)

(202) 224-3424

Background:  ADAPT, NCIL, the Arc, the Coalition for Community Integration and
other advocates have developed a proposal for a state option that would give
states an enhanced federal Medicaid match for providing attendant services and
supports as an alternative to institutional placement.  This proposal is called
the Community First Choice (CFC) option.  Center for Disability Rights learned
early this morning that Senator Schumer has introduced the Community First
Choice option as an amendment to the Senate Finance health reform bill.

Help support their efforts by urging colleagues, friends and family in the
states indicated above (the states represented by the members of the Senate
Finance Committee) to call on their senators to support the Community First
Choice amendment!



Please report your efforts by emailing donna.gillette@...
Thanks!

#416 From: "Donna" <donna.gillette@...>
Date: Fri Sep 18, 2009 1:44 pm
Subject: Madison County Courthouse demonstration planned
donnagillette72
Offline Offline
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Staff and volunteers – this request comes from our friends at ARISE, the
independent living center in Syracuse reaching out to us to attend a
demonstration against a municipality that apparently has been resistant in
making the Madison County Courthouse accessible.  Here is the information that
will allow you to make a decision to attend.  Donna

Here is information about the demonstration planned for Wednesday next week,
September 23. Demonstrators need to be there no later than 9:45am because of the
media. Address for the courthouse is 138 N. Court St. in Wampsville, NY 13163.
Right off Rt 5, before Oneida. It is about 35 minutes from Syracuse.

The issue is that Madison county courthouse is totally inaccessible and the
county resists to take any steps to make it accessible. They have been sued and
the lawsuit is still in progress. The attorney who will give you more
information about this courthouse and how inaccessible it is in details is John
Voninski who could be reached at  663-6275 or by e-mail at
jvoninski@....

We are trying to organize as many people as we can to join us.

It would be great to have your supporters, consumers and staff join us. We will
as many people as we can get, including w/c users.




This is some general information about the event that we will demonstrate at.

Madison Courthouse in issue is having a centennial celebration on 9/23. The
Courthouse Centennial Celebration in Wampsville is set for Wednesday, September
23rd,2009 between the hours of 9:00am and 4:00pm will feature not only tours of
the Courthouse designed by famous architect J. Riley Gordon, at 11:30am and
1:00pm, but displays on the courthouse's history.  Refreshments will be served
and there will be a special postal cancellation to commemorate this very special
event.

The documentary on the Fair will be playing continuously in the lobby of
Building 4, which will host the 3rd Annual Archives Day.  The atrium of the
building will be completely filled with displays of the newest documents found
during the extensive Archives Project which started in 2007 and is continuing on
currently.

New among the documents are many interesting court cases handled by the
different judges of Madison County including James Warren Nye. As a special
feature the new portrait of Judge James Warren Nye will be hung in the Courtroom
in a place of honor with some of the other famous men of Madison County
including Peter Smith, John Wesley Coe and many others.  Nye was a judge who
presided over many of the Loomis Gang trials and Loomis paperwork will also be
out for view.  Nye went on to become the first Governor of Nevada, and was one
of the senators who heard the arguments for Andrew Johnson's impeachment.

The Courthouse display will also feature the large oil portraits of some of the
county's early judges that Madison County is seeking funding to restore.  These
huge portraits hung for many years at both the Madison County Courthouse in
Morrisville, today's Madison Hall, and later in the current Courthouse in
Wampsville.

#415 From: "donnagillette72" <donna.gillette@...>
Date: Tue Sep 15, 2009 4:39 pm
Subject: Statewide Action Alert on healthcare reform
donnagillette72
Offline Offline
Send Email Send Email
 
http://capwiz.com/rochestercdr/issues/alert/?alertid=14029391&PROCESS=Take+Actio\
n

Use the above link to send a message to Congress to include the Community Choice
Option in the healthcare reform bill being worked on now in Committee.  This
Option would allow states to receive additional federal dollars to provide home
and community-based long term care for individuals with disabilities as opposed
to institutional care.

Please e-mail donna.gillette@... to let us know you completed this alert. 
Thanks!

#414 From: "donnagillette72" <donna.gillette@...>
Date: Wed Sep 9, 2009 7:10 pm
Subject: Call Paterson Today!
donnagillette72
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SSAN Action Alert

September 9, 2009

Issue:  Urge Governor Paterson to sign Title II bill into law!

Action:  A.781-B/S.5369, which would add Title II language from the ADA into NYS
Human Rights Law, was delivered to the Governor's Office on Friday, September
4th.  The Governor's office needs to hear from us NOW.

Call the Governor's Office THIS WEEK at 518-474-8390 and leave the following
message:

"I'm calling to urge Governor Paterson to sign A.781-B / S.5396 into law, which
would incorporate the provisions of Title II of the American Disabilities Act
into state law and strengthen protections for people with disabilities against
discrimination in New York State ."

Background:  The New York State Human Rights Law includes some, but not all, of
the ADA 's protections for people with disabilities.  This causes needless
confusion for government officials in attempting to comply with both laws. 
Title II provides protections against discrimination on the basis of disability
in services provided by public entities, including state and local governments.
A.781-B (Paulin)/S.5396 (Huntley) adds ADA Title II language to state statute,
clarifying the obligations of government officials and strengthening the civil
rights protections for people with disabilities. This bill would clarify the
scope of protections against discrimination on the basis of disability by these
entities, including in the provision of services, programs and activities.
Public entities would be required to make reasonable accommodations and
individuals with disabilities would gain critical access to the administrative
enforcement mechanisms through the State Division of Human Rights.  This bill
imposes no new or additional requirements upon local governments or businesses. 
It is essential that New Yorkers with disabilities are assured that the
provisions of Title II of the ADA are incorporated into state law.



Please report your efforts by emailing donna.gillette@...



If you have any questions about this action alert, please contact Donna Gillette
at 315.797-4642 or at the e-mail addres above.Thanks!

#413 From: "donnagillette72" <donna.gillette@...>
Date: Thu Sep 3, 2009 12:39 am
Subject: Urge Governor to sign Title II bill into law
donnagillette72
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SSAN Action Alert
September 2, 2009

Issue:  Urge Governor Paterson to sign the Title II bill into Law!

Action:  A.781-B/S.5369, which would add Title II language from the ADA into NYS
Human Rights Law, is due to the Governor's desk any day now.  The Governor's
office needs to hear from us.

Call Peter Kiernan, Counsel to the Governor, at 518-474-8343 and leave the
following message:

"I'm calling to urge Governor Paterson to sign A.781-B / S.5396 into law, which
would incorporate the provisions of Title II of the American Disabilities Act
into state law and strengthen protections for people with disabilities against
discrimination in New York State."

Background:  The New York State Human Rights Law includes some, but not all, of
the ADA's protections for people with disabilities.  This causes needless
confusion for government officials in attempting to comply with both laws. 
A.781-B (Paulin)/S.5396 (Huntley) adds ADA Title II language to state statute,
clarifying the obligations of government officials and strengthening the civil
rights protections for people with disabilities.  This bill imposes no new or
additional requirements upon local governments or businesses.

A.781-B/S.5396 passed both the Assembly and the Senate this year and is due to
the Governor's desk any day now so it's important they hear from the disability
community NOW.


Please report your efforts by emailing donna.gillette@...

If you have any questions about this action alert, please contact Donna Gillette
at the e-mail address above or at 315.797-4642.  Thanks.

#412 From: "donnagillette72" <donna.gillette@...>
Date: Wed Jul 15, 2009 8:13 pm
Subject: Ask Reps to sign on to 21st Century Communications and Video Accessibility Act
donnagillette72
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SSAN Action Alert

July 15, 2009

Issue:  21st Century Communications & Video Accessibility Act of 2009

Action:  Utilize Next Step's capwiz to contact your Representative and ask them
to cosponsor the "21st Century Communications & Video Accessibility Act of
2009," H.R. 3101.

Click on the "Take Action Now" link below, which will take you to a sample
letter.   Feel free to edit it to make it more personal.


Take Action Now!

  Background:  Over the last 20 years, various federal laws to ensure access to
telephone and television technologies have been enacted. However, these federal
laws have not kept pace with new technologies.  On Friday afternoon, June 26,
Rep. Ed Markey (D-MA) reintroduced comprehensive legislation to ensure that
people with disabilities have access to Internet-based telecommunications and
video programming technologies. The bill, the Twenty-first Century
Communications and Video Accessibility Act of 2009 (H.R. 3101), will:



·         require that mobile and other Internet-based telecommunications
devices be fully hearing aid compatible, have accessible user interfaces, and
offer people with disabilities use of a full range of text messaging and other
popular services that are currently largely inaccessible;

·         provide people who are deaf-blind with vital but costly technologies
they need to communicate electronically, establish a process for the provision
of real-time text capability, and clarify existing relay-to-relay, Lifeline and
Linkup service requirements to ensure their relevance to the real world
communications needs of people with disabilities;

·         restore the Federal Communications Commission's (FCC's) modest video
description rules and unambiguously establish the Commission's current and
ongoing authority to expand such regulations, require emergency announcements
and similar information to be accessible to people with disabilities through
audible presentation of on-screen alerts, ensure that video programming offered
via the Internet will be both captioned and described, and call for all devices
that receive and playback video programming to employ accessible user interfaces
and allow ready access to captioning and description; and

·         strengthen consumers' ability to enforce their rights to
communications and video accessibility through the establishment of a
clearinghouse of information about service and equipment accessibility and
usability, a meaningful FCC complaint process that holds industry accountable
for their accessibility obligations, and judicial review of FCC action to ensure
the Commission's own accountability.

For more information on the bill, visit the Coalition of Organizations for
Accessible Technology (COAT)'s website: http://www.coatacce ss.org/

Please report your efforts by emailing donna.gillette@...

If you have any questions about this work alert, please contact Donna Gillette,
systems network advocate at 315.797-4642 or at the e-mail address above. 
Thanks.

#411 From: Linda <cottagebithec@...>
Date: Wed Jul 22, 2009 10:20 pm
Subject: Article from 'the progressive'
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By Drs. Steffie Woolhandler and David Himmelstein
The Progressive
July 22, 2009

Once Congress finishes mandating that we all buy private health insurance, it can move on to requiring Americans to purchase other defective products.

A Ford Pinto in every garage?

Lead-painted toys for every child?

Melamine-laced chow for every puppy?

Private health insurance doesn’t work.

Even middle-class families with supposedly good coverage are just one serious illness away from financial ruin.

Illness and medical bills contribute to 62 percent of personal bankruptcies — a 50 percent increase since 2001. And three-quarters of the medically bankrupt had insurance, at least when they first got sick.

Coverage that families bought in good faith failed to protect them. Some were bankrupted by co-payments, deductibles, and loopholes. Others got too sick to work, leaving them unemployed and uninsured.

Now Congress plans to make it a federal offence not to purchase such faulty insurance.

On top of that, it’s threatening to tax workers’ health benefits to meet the costs of simultaneously covering the poor and keeping private insurers in business.

President Obama’s plan would finance reform by draining funds from hospitals that serve the neediest patients. His other funding plans aren’t harmful, just illusory. He’s gotten unenforceable pledges from hospitals, insurers and the American Medical Association to rein in costs, a replay of promises they made (and broke) to Presidents Nixon and Carter. And Obama trumpets savings from computerized medical records and better care management, savings the Congressional Budget Office has dismissed as wishful thinking.

The president’s health plan can’t make universal, comprehensive coverage affordable.

Only single-payer health reform — Medicare for All — can achieve that goal.

Single-payer national health care could realize about $400 billion in savings annually — enough to cover the uninsured and to upgrade coverage for all Americans. But the vast majority of these savings aren’t available unless we go all the way to single payer.

A public plan option might cut into private insurers’ profits. That’s why they hate it. But their profits — roughly $10 billion annually — are dwarfed by the money they waste in search of profit. They spend vast sums for marketing (to attract the healthy); demarketing (to avoid the sick); billing their ever-shifting roster of enrollees; fighting with providers over bills; and lobbying politicians. And doctors and hospitals spend billions more meeting insurers’ demands for documentation.

A single-payer plan would eliminate most insurance overhead, as well as these other paperwork expenses. Hospitals could be paid like a fire department, receiving a single monthly check for their entire budget. Physicians’ billing could be similarly simplified.

With a public insurance option, by contrast, hospitals and doctors would still need elaborate billing and cost-tracking systems. And overhead for even the most efficient competitive public option would be far higher than for traditional Medicare, which is efficient precisely because it doesn’t compete. It automatically enrolls seniors at 65 and deducts their premiums through the social security system, contracts with any willing provider, and does no marketing.

Health insurers compete by NOT paying for care: by seeking out the healthy and avoiding the sick; by denying payment and shifting costs onto patients; and by lobbying for unfair public subsidies (as under the Medicare HMO program). A kinder, gentler public plan that failed to emulate these behaviors would soon be saddled with the sickest, costliest patients and the highest payouts, driving premiums to uncompetitive levels. To compete successfully, a public plan would have to copy private plans.

Decades of experience teach that private insurers cannot control costs or provide families with the coverage they need. And a government-run clone of private insurers cannot fix these flaws.


Drs. Steffie Woolhandler and David Himmelstein are associate professors at Harvard Medical School. They co-founded Physicians for a National Health Program, a nonprofit research and education organization of 16,000 physicians, medical students, and health professionals who support single-payer national health insurance. For more about the group, go to www.pnhp.org. This piece was distributed by the Progressive Media Project, an affiliate of The Progressive magazine.



#410 From: rciladvocacy@yahoogroups.com
Date: Wed Jul 15, 2009 5:12 pm
Subject: New file uploaded to rciladvocacy
rciladvocacy@yahoogroups.com
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Hello,

This email message is a notification to let you know that
a file has been uploaded to the Files area of the rciladvocacy
group.

   File        : /CCA.doc
   Uploaded by : donnagillette72 <donna.gillette@...>
   Description : Community Choice Act Legislative Text July 2009

You can access this file at the URL:
http://groups.yahoo.com/group/rciladvocacy/files/CCA.doc

To learn more about file sharing for your group, please visit:
http://help.yahoo.com/l/us/yahoo/groups/original/general.htmlfiles

Regards,

donnagillette72 <donna.gillette@...>

#409 From: rciladvocacy@yahoogroups.com
Date: Wed Jul 15, 2009 5:13 pm
Subject: New file uploaded to rciladvocacy
rciladvocacy@yahoogroups.com
Send Email Send Email
 
Hello,

This email message is a notification to let you know that
a file has been uploaded to the Files area of the rciladvocacy
group.

   File        : /K00743 Summary.doc
   Uploaded by : donnagillette72 <donna.gillette@...>
   Description : NYS Assembly Resolution on Community Choice Act July 2009

You can access this file at the URL:
http://groups.yahoo.com/group/rciladvocacy/files/K00743%20Summary.doc

To learn more about file sharing for your group, please visit:
http://help.yahoo.com/l/us/yahoo/groups/original/general.htmlfiles

Regards,

donnagillette72 <donna.gillette@...>

#408 From: rciladvocacy@yahoogroups.com
Date: Wed Jul 15, 2009 5:11 pm
Subject: New file uploaded to rciladvocacy
rciladvocacy@yahoogroups.com
Send Email Send Email
 
Hello,

This email message is a notification to let you know that
a file has been uploaded to the Files area of the rciladvocacy
group.

   File        : /Talking Points on the Community Choice Act (4).doc
   Uploaded by : donnagillette72 <donna.gillette@...>
   Description : Community Choice Act Talking Points July 2009

You can access this file at the URL:
http://groups.yahoo.com/group/rciladvocacy/files/Talking%20Points%20on%20the%20C\
ommunity%20Choice%20Act%20%284%29.doc

To learn more about file sharing for your group, please visit:
http://help.yahoo.com/l/us/yahoo/groups/original/general.htmlfiles

Regards,

donnagillette72 <donna.gillette@...>

#407 From: rciladvocacy@yahoogroups.com
Date: Wed Jul 15, 2009 5:03 pm
Subject: New file uploaded to rciladvocacy
rciladvocacy@yahoogroups.com
Send Email Send Email
 
Hello,

This email message is a notification to let you know that
a file has been uploaded to the Files area of the rciladvocacy
group.

   File        : /NYS Government 101 Power Point revised.ppt
   Uploaded by : donnagillette72 <donna.gillette@...>
   Description : How To Lose Your Fear of Doing Advocacy!

You can access this file at the URL:
http://groups.yahoo.com/group/rciladvocacy/files/NYS%20Government%20101%20Power%\
20Point%20revised.ppt

To learn more about file sharing for your group, please visit:
http://help.yahoo.com/l/us/yahoo/groups/original/general.htmlfiles

Regards,

donnagillette72 <donna.gillette@...>

#406 From: "donnagillette72" <donna.gillette@...>
Date: Wed Jul 15, 2009 2:50 pm
Subject: Call Congressman Tonko and Arcuri on Community Choice Act Today!
donnagillette72
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SSAN Action Alert

July 14, 2009



Issue:  Contact Your Congressional Representative: Ask Them to Support the Davis
Letter!



Action:  Utilize Center for Disability Rights' capwiz to contact your
Representatives and ask them to sign on to Representative Danny Davis' letter
asking that the Community Choice Act be included in healthcare reform.  If your
representative is Yvette Clark or Eric Massa, thank them for already signing on!



Click on the "Take Action Now" link below, which will take you to a sample
letter.   Feel free to edit it to make it more personal.



Take Action Now!

(If the link above does not show up as "clickable", click on this -
http://capwiz.com/rochestercdr/issues/alert/?alertid=13730741


Background:  Representative Danny Davis needs your help. He has written a letter
asking that the Community Choice Act (H.R.1670) be included in healthcare
reform, and needs members of the House of Representatives to sign on in support
of this initiative. So far, these representatives have signed on:



John Lewis (GA)

Don Young (AK)

Robert Wexler (FL)

Elijah Cummings (MD)

Yvette Clarke (NY)

James Langevin (RI)

John Olver (MA)

Eric Massa (NY)

Kendrick Meek (FL)

Joe Sestak (PA)

Jesse Jackson Jr. (IL)



If any of these people are your representatives, please thank them for their
support!



Representative Davis feels that members of Congress will be very likely to sign
on to the letter if requested to do so by their constituents (you). Please
contact them and ask them to sign on. Let them know how important the Community
Choice Act is to you and the disability community.



You can find a copy of the letter on the ADAPT website http://www.adapt.
org/images/ ddavisletter. pdf (its PDF only).



Please report your efforts by emailing donna.gillette@...


If you have any questions about this work alert, please contact Donna Gillette,
Systems Network Advocate at 315.797-4642 or at the e-mail address above. I will
be posting Community Choice Act "Talking Points" and legislative links on this
site later under the "Files" link on the left so take a look.  Thanks!

#405 From: Linda <cottagebithec@...>
Date: Thu Jul 2, 2009 8:51 pm
Subject: Re: Contact Senator Baucus Today on Community Choice Act
cottagebithec
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Donna, had to search in my favorites for an 'action alert" link... it isn't here in the email again.   Sent my email and my letter!!  I also advocate on other health reform sites, keep up the fight.  Happy 4th everyone! - linda 

On Thu, Jul 2, 2009 at 12:10 PM, donnagillette72 <donna.gillette@...> wrote:


SSAN Action Alert

July 2, 2009

Please respond to this Action Alert AT 2:00PM Eastern Time to coincide with Montana ADAPT's visits to Senator Baucus' Montana offices.

Issue: Tell Senator Max Baucus: The Community Choice Act is KEY to healthcare reform!

Action: Utilize Center for Disability Right's capwiz to email or fax Senator Baucus AT 2:00 PM Eastern Time to tell him that we must include the Community Choice Act in healthcare reform. Montana ADAPT will be hitting each of Sen. Baucus's Montana offices at that time, and we are timing alert to coincide with their actions.

Click on the "Take Action Now" link below, which will take you to a sample letter. Feel free to edit it to make it more personal.

Take Action Now!

If you have not already done so, please mail Senator Baucus a key in his Helena office. We hope that by getting keys in his office, he will see how CCA is key to healthcare reform!

His address is:

Senator Baucus

Empire Block

30 West 14th Street, Suite 206

Helena , MT 59601

Background: At this point, it is unclear whether the Senate Finance Committee's legislation will include ANY initiatives around long term services and supports, but they have been very clear that they will NOT address the institutional bias as part of healthcare reform.

Although Senator Baucus is from Montana , as Chair of the Senate Finance Committee he plays a critical role in development of legislation that will implement healthcare reform and he decides whether healthcare reform will eliminate the institutional bias. Despite repeated requests, Senator Baucus steadfastly refuses to address the institutional bias as part of healthcare reform.

Senator Baucus prefers to maintain the current system which gives states the ability to limit home and community based services and force seniors and people with disabilities into nursing facilities and other institutions. Senator Baucus refuses to give seniors and people with disabilities the freedom to remain in the community.

No matter what anyone says, cost is NOT the issue. The Congressional Budget Office recently confirmed that the Community Choice Act (S 683/ HR 1670) may cost roughly $5 billion; that's comparable to a study done by Mitch LaPlante. Although $5 billion may seem like a lot of money, healthcare reform may cost upwards of a trillion dollars. So for just a tiny fraction of the cost of the healthcare reform package, our country could include the Community Choice Act in healthcare reform and eliminate the institutional bias. Seniors and people with disabilities would have a REAL CHOICE in long term services and supports and have the opportunity to enjoy the simple freedoms that every other American takes for granted.

Montana ADAPT will be hitting each of Sen. Baucus's Montana offices at 2:00PM Eastern Time TODAY to bring the message that the Community Choice Act is key to health care reform directly to him. Help support their efforts by using the above link to email/fax Senator Baucus at the same time.

Please report your efforts by emailing donna.gillette@...

If you have any questions about this work alert, please contact Donna Gillette at 315.797-4642 or at the e-mail address above. Thanks.



#404 From: "donnagillette72" <donna.gillette@...>
Date: Thu Jul 2, 2009 4:10 pm
Subject: Contact Senator Baucus Today on Community Choice Act
donnagillette72
Offline Offline
Send Email Send Email
 
SSAN Action Alert

July 2, 2009



Please respond to this Action Alert AT 2:00PM Eastern Time to coincide with
Montana ADAPT's visits to Senator Baucus' Montana offices.



Issue:  Tell Senator Max Baucus: The Community Choice Act is KEY to healthcare
reform!



Action:  Utilize Center for Disability Right's capwiz to email or fax Senator
Baucus AT 2:00 PM Eastern Time to tell him that we must include the Community
Choice Act in healthcare reform.  Montana ADAPT will be hitting each of Sen.
Baucus's Montana  offices at that time, and we are timing alert to coincide with
their actions.



Click on the "Take Action Now" link below, which will take you to a sample
letter.   Feel free to edit it to make it more personal.



Take Action Now!



If you have not already done so, please mail Senator Baucus a key in his Helena
office.  We hope that by getting keys in his office, he will see how CCA is key
to healthcare reform!



His address is:

      Senator Baucus

      Empire Block

      30 West 14th Street, Suite 206

      Helena , MT   59601



Background:  At this point, it is unclear whether the Senate Finance Committee's
legislation will include ANY initiatives around long term services and supports,
but they have been very clear that they will NOT address the institutional bias
as part of healthcare reform.



Although Senator Baucus is from Montana , as Chair of the Senate Finance
Committee he plays a critical role in development of legislation that will
implement healthcare reform and he decides whether healthcare reform will
eliminate the institutional bias.  Despite repeated requests, Senator Baucus
steadfastly refuses to address the institutional bias as part of healthcare
reform.



Senator Baucus prefers to maintain the current system which gives states the
ability to limit home and community based services and force seniors and people
with disabilities into nursing facilities and other institutions.  Senator
Baucus refuses to give seniors and people with disabilities the freedom to
remain in the community.



No matter what anyone says, cost is NOT the issue.  The Congressional Budget
Office recently confirmed that the Community Choice Act (S 683/ HR 1670) may
cost roughly $5 billion; that's comparable to a study done by Mitch LaPlante. 
Although $5 billion may seem like a lot of money, healthcare reform may cost
upwards of a trillion dollars.  So for just a tiny fraction of the cost of the
healthcare reform package, our country could include the Community Choice Act in
healthcare reform and eliminate the institutional bias.  Seniors and people with
disabilities would have a REAL CHOICE in long term services and supports and
have the opportunity to enjoy the simple freedoms that every other American
takes for granted.



Montana ADAPT will be hitting each of Sen. Baucus's Montana  offices at 2:00PM
Eastern Time TODAY to bring the message that the Community Choice Act is key to
health care reform directly to him.  Help support their efforts by using the
above link to email/fax Senator Baucus at the same time.



Please report your efforts by emailing donna.gillette@...

If you have any questions about this work alert, please contact Donna Gillette
at 315.797-4642 or at the e-mail address above.  Thanks.

#403 From: "donnagillette72" <donna.gillette@...>
Date: Tue Jun 23, 2009 2:13 pm
Subject: Court rules reimbursement for special education costs
donnagillette72
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http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=08-305



June 23, 2009

Court Affirms Reimbursement for Special Education
By TAMAR LEWIN

In a decision that could help disabled students obtain needed services and cost
school districts millions of dollars, the Supreme Court ruled on Monday that
parents of special-education students may seek government reimbursement for
private school tuition, even if they have never received special-education
services in public school.

The case before the court involved a struggling Oregon high school student,
identified in court documents only as T. A., whose parents removed him from
public school in the Forest Grove district in his junior year and enrolled him
in a $5,200-a-month residential school.

Although Forest Grove officials had noticed T. A.'s difficulties and evaluated
him for learning disabilities, he was found ineligible for special-education
services. Only after he enrolled in the private school did doctors say T. A. had
attention deficit hyperactivity disorder and other disabilities.

While most of the nation's six million special-education students attend public
school, as T. A. did for many years, thousands of families with disabled
children, convinced that the public schools lack appropriate placements, avoid
the public schools altogether. Instead, they enroll their children in expensive
private schools for students with emotional or learning disabilities, and then
seek reimbursement.

Nationally, about 90,000 special-education students are in private schools, most
of them referred by their public schools.

In 2007-8, the New York City schools, which filed a friend-of-court brief
supporting Forest Grove, paid $89 million in private-school tuition for disabled
students whose parents had placed them there, up from $53 million two years
earlier. In 2007-8, the city received 4,368 requests for reimbursement from
parents who enrolled their children in private school; of those, more than half
had not received services in public school.

The issue in the Forest Grove case was whether a 1997 amendment to the
Individuals with Disabilities Education Act (or IDEA) prohibited private-school
tuition reimbursement for students who never received special-education services
in public school.

The amendment says tuition may be available for students with disabilities "who
previously received special-education" services in public school, if the school
did not make a free and appropriate public education (or FAPE) available in a
timely manner.

Forest Grove, backed by school-boards associations across the country, argued
that the amendment precluded reimbursement for those, like T. A., who never
received special-education services in public school.

But the high court, in a 6-to-3 ruling, rejected that argument.

"We conclude that IDEA authorizes reimbursement for the cost of private special
education services when a school district fails to provide a FAPE and the
private school placement is appropriate, regardless of whether the child
previously received special education or related services through the public
school," Justice John Paul Stevens wrote in the majority opinion.

Justice Stevens said the school district's interpretation would produce a result
"bordering on the irrational."

"It would be strange for the act to provide a remedy, as all agree it does,
where a school district offers a child inadequate special-education services but
to leave parents without relief in the more egregious situation in which the
school district unreasonably denies a child access to such services altogether,"
he wrote.

He was joined by Chief Justice John G. Roberts Jr. and Justices Anthony M.
Kennedy, Ruth Bader Ginsburg, Stephen G. Breyer and Samuel A. Alito Jr.

In his dissent, Justice David H. Souter, joined by Justices Antonin Scalia and
Clarence Thomas, said that the disabilities law was designed to promote
cooperation between school districts and families in developing an
individualized education plan for each disabled student. The dissent also
discussed the high costs of private-school placements.

"Special education can be immensely expensive, amounting to tens of billions of
dollars annually and as much as 20 percent of public schools' general operating
budgets," Justice Souter wrote. "Given the burden of private school placement,
it makes good sense to require parents to try to devise a satisfactory
alternative within the public schools."

The Supreme Court considered the issue of tuition reimbursement in a New York
case two years ago, but split 4 to 4, with Justice Kennedy not taking part.

#402 From: Linda <cottagebithec@...>
Date: Wed Jun 24, 2009 4:36 pm
Subject: Re: A letter to the NYS Medicaid Director
cottagebithec
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Kudos!  Is there a time line (in the request for information act) for a response to this request?

On Mon, Jun 22, 2009 at 4:24 PM, donnagillette72 <donna.gillette@...> wrote:


Dear Commissioner Daines,
As New York's Medicaid Director, it is up to you to assure implementation of healthcare and other services that improve the health and well-being of all residents. In implementing those services prescribed by law, your office is responsible for assuring that relevant directives, regulations, and policies applicable to those services are followed. In light of these considerations and with particular reference to the requirements of the Americans with Disabilities Act as discussed in the 1999 U.S. Supreme Court's Olmstead Decision, I am interested in receiving the following information from your office;

1. A year-to-year accounting – from 1999 to the present time – of the number of people the State has assisted to leave a nursing home. For each of those individuals identified, the general location to which they moved, i.e., their own home or apartment, a relative's home, an assisted living facility, and adult home, or other.

2. The amount of the Medicaid savings on average for each person who moved from the nursing home institution to the community.

3. The average amount of per diem rate paid by the State to nursing homes over the time-span 1999 to the present.

4. The average amount per diem rate paid by the State for home and community-based services over the time-span 1999 to the present.

5. Please provide me with the State's written guidelines/criteria for assessing what services an institutionalized person may need in the community. Please identify whether New York provides staff for this assessment purpose or whether the State relies upon nursing home staff for this purpose.

6. Does the State have written criteria to determine if and when a person in the community is at imminent risk of becoming institutionalized and if so, kindly provide me with a copy of the criteria? Will the State provide services to avoid unnecessary institutionalization for individuals found "at risk" by this evaluation?

7. Does the State recognize the right of persons in nursing homes who have mental capacity to decide they will instead take the risk to live in the community and then assist with transfer to the community? How does the State enforce this right?

8. Does the State publicize its successes at nursing home diversion and transition and if so, can the State provide some of these success stories?

Thank you for your anticipated prompt attention to this Request for access to information.

Donna Gillette
RCIL
409 Columbia St.
PO Box 210
Utica, New York 13503
315.797-4642
315.797-4747 fax
Donna.gillette@...



#401 From: "donnagillette72" <donna.gillette@...>
Date: Tue Jun 23, 2009 2:03 pm
Subject: Housing vouchers for nursing home prevention!
donnagillette72
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Subject: [SSAN-Advocate] HUD's Press Release on Housing Choice Vouchers--Seeking
input
News Release

HUD No. 09-095
Donna White
(202) 708-0685
www.hud.gov/news/For Release
Monday, June 22, 2009

HUD TO OFFER HOUSING ASSISTANCE TO 4,000 AMERICANS WITH DISABILITIES
Agency seeking comment on how to allocate vouchers to support independent living

WASHINGTON - The U.S. Department of Housing and Urban Development today joined
President Obama's commemoration of the tenth anniversary of the Supreme Court's
Olmstead decision by announcing that it will offer rental assistance to 4,000
non-elderly families with disabilities, including 1,000 vouchers specifically
targeted to those transitioning out of nursing homes and other care facilities.
Through its funding notice, HUD is seeking comment from public housing
authorities and others to ensure this critically needed assistance is
distributed and administered in the most effective manner possible.

Today's announcement coincides with the tenth anniversary of the Supreme Court's
ruling in Olmstead v. L.C. & E.W. which affirmed the rights of individuals with
disabilities to live independently. To commemorate this landmark decision,
President Obama declared 2009 the Year of Community Living.

"As individuals with disabilities leave institutional care, it is essential that
they have housing options that will allow them to live independently," said HUD
Secretary Shaun Donovan. "As we prepare to launch this initiative, we also want
to make certain that we get input from local housing experts, disability rights
advocates and others who can help us target this assistance to those who need it
most. We also recognize how important it is for HUD and HHS to coordinate our
resources to enable community-living for those individuals that live with
disabilities."

HUD's Notice of Funding Availability (NOFA) will make $30 million in voucher
assistance available to support approximately 4,000 Housing Choice Vouchers for
non-elderly disabled families. HUD is making a 1,000 of those vouchers available
specifically for individuals transitioning out of nursing homes and other
institutions. These vouchers directly support a $1.75 billion initiative of the
U.S. Department of Health and Human Services (HHS) to help persons who reside in
health care settings move to community-based living. While HHS' Money Follows
the Person (MFP) program offers health care, case management and other services
to qualified families, it does not include funding for housing. HUD's funding
initiative is designed to fill that gap.

The remaining 3,000 Housing Choice Vouchers are available to assist any
non-elderly disabled family. The Department is encouraging local housing
authorities to give strong consideration to using some or all of these vouchers
to provide housing for those non-elderly persons that are living in the
community, but are at-risk for institutionalization.
###

NATIONAL ADAPT MAILING LIST - Adapt Community Choice Act List
http://www.adapt.or
________________________________________

#400 From: "donnagillette72" <donna.gillette@...>
Date: Mon Jun 22, 2009 8:24 pm
Subject: A letter to the NYS Medicaid Director
donnagillette72
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Dear Commissioner Daines,
       As New York's Medicaid Director, it is up to you to assure implementation
of healthcare and other services that improve the health and well-being of all
residents.  In implementing those services prescribed by law, your office is
responsible for assuring that relevant directives, regulations, and policies
applicable to those services are followed.  In light of these considerations and
with particular reference to the requirements of the Americans with Disabilities
Act as discussed in the 1999 U.S. Supreme Court's Olmstead Decision, I am
interested in receiving the following information from your office;

1.  A year-to-year accounting – from 1999 to the present time – of the number of
people the State has assisted to leave a nursing home.  For each of those
individuals identified, the general location to which they moved, i.e., their
own home or apartment, a relative's home, an assisted living facility, and adult
home, or other.

2.  The amount of the Medicaid savings on average for each person who moved from
the nursing home institution to the community.

3.  The average amount of per diem rate paid by the State to nursing homes over
the time-span 1999 to the present.

4.  The average amount per diem rate paid by the State for home and
community-based services over the time-span 1999 to the present.

5.  Please provide me with the State's written guidelines/criteria for assessing
what services an institutionalized person may need in the community.  Please
identify whether New York provides staff for this assessment purpose or whether
the State relies upon nursing home staff for this purpose.

6.  Does the State have written criteria to determine if and when a person in
the community is at imminent risk of becoming institutionalized and if so,
kindly provide me with a copy of the criteria?  Will the State provide services
to avoid unnecessary institutionalization for individuals found "at risk" by
this evaluation?

7.  Does the State recognize the right of persons in nursing homes who have
mental capacity to decide they will instead take the risk to live in the
community and then assist with transfer to the community?  How does the State
enforce this right?

8.  Does the State publicize its successes at nursing home diversion and
transition and if so, can the State provide some of these success stories?

Thank you for your anticipated prompt attention to this Request for access to
information.

Donna Gillette
RCIL
409 Columbia St.
PO Box 210
Utica, New York 13503
315.797-4642
315.797-4747 fax
Donna.gillette@...

#399 From: "donnagillette72" <donna.gillette@...>
Date: Mon Jun 22, 2009 6:51 pm
Subject: President urges HHS and HUD to work together to end institutionalization!
donnagillette72
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President Obama Commemorates Anniversary of Olmstead and Announces New
Initiatives to Assist Americans with Disabilities



On the 10th anniversary of the landmark Supreme Court decision in the case of
Olmstead v. L.C., President Barack Obama today celebrated that anniversary and
launched "The Year of Community Living," a new effort to assist Americans with
disabilities.



Specifically, the President has directed Health and Human Services Secretary
Kathleen Sebelius and Housing and Urban Development Secretary Shaun Donovan to
work together to identify ways to improve access to housing, community supports,
and independent living arrangements. As part of this effort, later today,
Secretaries Sebelius and Donovan will announce several new initiatives including
details about increased numbers of Section 8 vouchers and enhanced interagency
coordination to address this critical civil rights issue. The initiative also
will include listening sessions conducted by HHS across the country to hear the
voices and stories of Americans and to keep the President's pledge to be as open
and transparent as possible.



"The Olmstead ruling was a critical step forward for our nation, articulating
one of the most fundamental rights of Americans with disabilities: Having the
choice to live independently," said President Obama.  "I am proud to launch this
initiative to reaffirm my Administration's commitment to vigorous enforcement of
civil rights for Americans with disabilities and to ensuring the fullest
inclusion of all people in the life of our nation."



In the Olmstead case, the Court held that the unjustified institutional
isolation of people with disabilities is a form of unlawful discrimination under
the Americans with Disabilities Act. Since that time, progress has been made.
Many individuals have successfully transitioned to community settings, but
waiting lists for community services have grown considerably and many
individuals who would like to receive community services are not able to obtain
them.



To help remedy that problem, the Obama Administration provided over $140 million
in the Recovery Act funding for independent living centers across the country.
The Administration acknowledges that strides have been made, and knows and
accepts that there is much work to do in order to maximize the choices and
opportunities for individuals to receive long-term services and supports in
institutional and community settings.



The President noted that his Administration looks forward to continued
engagement with the disability community to achieve these goals.

#398 From: "donnagillette72" <donna.gillette@...>
Date: Fri Jun 19, 2009 2:23 pm
Subject: Use CDR site to urge NYS Assembly members to support CCA
donnagillette72
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http://capwiz.com/rochestercdr/issues/alert/?alertid=13575061

      This is the link that will take you to the pre-printed, automated
electronic action alert to urge NYS Assembly members to sign on to a petition
urging federal representatives to vote YES on the Community Choice Act (H.R.
1670).  You can personalize this letter as well.
      This is the federal bill that would give people with disabilities the right
to community-based services for healthcare needs.  Currently, the system favors
providing long-term care services in institutions instead of allowing people to
continuing living in their own homes and communities against their will.  This
bill if signed into law would change all that and provide money to states to
implement the approach widely.
       Let me know when you've completed this action alert by sending me and
e-mail at donna.gillette@... or calling me at 315.797-4642.  ThThanks. 
Donna

#397 From: "donnagillette72" <donna.gillette@...>
Date: Thu Jun 18, 2009 5:37 pm
Subject: Here's the Link to respond to yesterday's Alert
donnagillette72
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http://capwiz.com/rochestercdr/issues/alert/?alertid=13565116
this is the link that will allow you to send Senator Baucus your message on the
Community Choice Act.  Don't forget to mail your key to the Senator in
Washington as well!  Donna

#396 From: Linda <cottagebithec@...>
Date: Wed Jun 17, 2009 4:33 pm
Subject: Re: Tell Baucus that Community Choice Act is Essential!
cottagebithec
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Donna,
I've sent my key!  There is no 'take action now link" in your email!!  I forward these to friends so need the link.
Linda

On Wed, Jun 17, 2009 at 9:15 AM, donnagillette72 <donna.gillette@...> wrote:



SSAN Action Alert

June 16, 2009

Issue: Tell Senator Max Baucus: The Community Choice Act is KEY to healthcare reform!

Action: Utilize Center for Disability Right's capwiz to email or fax Senator Baucus to tell him that we must include the Community Choice Act in healthcare reform. Click on the "Take Action Now" link below, which will take you to a sample letter. Feel free to edit it to make it more personal.

Take Action Now!

After you do this alert, please mail Senator Baucus a key in his Helena office. Any old key will do. We hope that by getting keys in his office, he will see how CCA is key to healthcare reform!

His address is:

Senator Baucus

Empire Block

30 West 14th Street, Suite 206

Helena , MT 59601

Background: At this point, it is unclear whether the Senate Finance Committee's legislation will include ANY initiatives around long term services and supports, but they have been very clear that they will NOT address the institutional bias as part of healthcare reform.

Although Senator Baucus is from Montana , as Chair of the Senate Finance Committee he plays a critical role in development of legislation that will implement healthcare reform and he decides whether healthcare reform will eliminate the institutional bias. Despite repeated requests, Senator Baucus steadfastly refuses to address the institutional bias as part of healthcare reform.

Senator Baucus prefers to maintain the current system which gives states the ability to limit home and community based services and force seniors and people with disabilities into nursing facilities and other institutions. Senator Baucus refuses to give seniors and people with disabilities the freedom to remain in the community.

No matter what anyone says, cost is NOT the issue. The Congressional Budget Office recently confirmed that the Community Choice Act (S 683/ HR 1670) may cost roughly $5 billion; that's comparable to a study done by Mitch LaPlante. Although $5 billion may seem like a lot of money, healthcare reform may cost upwards of a trillion dollars. So for just a tiny fraction of the cost of the healthcare reform package, our country could include the Community Choice Act in healthcare reform and eliminate the institutional bias. Seniors and people with disabilities would have a REAL CHOICE in long term services and supports and have the opportunity to enjoy the simple freedoms that every other American takes for granted.

Please report your efforts by emailing donna.gillette@...

If you have any questions about this action alert, please contact Donna Gillette at 315.797-4642 or at the e-mail above. Thanks!



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