Comments for Living Independently

Comment on NEW: Administration for Community Living by Rebecca

Rebecca — Fri, 11 May 2012 13:45:36 +0000

Are you saying that “choice” does not mean that there is a choice between services in a Medicaid-certified congregate care setting, aka institution, or community (geographically defined obviously)? I did not know the Olmstead decision had been overturned. “We emphasize that nothing in the ADA or its implementing regulations condones termination of institutional settings for persons unable to handle or benefit from community settings…Nor is there any federal requirement that community-based treatment be imposed on patients who do not desire it.” “Each disabled person is entitled to treatment in the most integrated setting possible for that person - recognizing that, on a case-by-case basis, that setting may be an institution. Olmstead v. L.C.
@Tim Wheat

Comment on NEW: Administration for Community Living by Tim Wheat

Tim Wheat — Thu, 10 May 2012 23:40:43 +0000

In the question and answer section of the ACL phone call the agents for the Voice of the Retarded also attempted to make the point that the choice is either the community or and an institution. I believe that I was clear that Olmstead protects Americans from “inappropriate institutionalization.” But the VOR misinformation simply attempts to make that term “choice” seemingly apply to a person choosing the community as one choice; therefore choosing an institution is the equally valid alternative choice.

The 1999 Supreme Court ruling upheld the Americans with Disabilities Act principle that inappropriate institutionalization is discrimination. There is no “right to be institutionalized” and Americans face discrimination when they are only provided with services in an institution. To be clear, someone is not discriminated against if they have community supports and live in the community but do not have the option of living in an institution.

As I pointed out, the new Association for Community Living did not endeavor to correct this misinformation. But they often use the term “choice” because of the past and current “institutional bias” that has kept Americans from having a choice to live in the community like everyone else. This is using the term choice to explain having an option other than an institution rather than a choice of either an institution or the community.

The Center for People with Disabilities supports the 1990 Americans with Disabilities Act, and more specifically all Americans right to live in the community. I hope this clears up your confusion.

Comment on NEW: Administration for Community Living by stonewall@cpwd.org

stonewall@cpwd.org — Thu, 10 May 2012 22:10:14 +0000

Olmstead is not a choice in the sense of its being a legal ruling on a Civil Rights issue. Olmstead is designed to give the most integrated setting, that is the opportunity to live in the Community with proper supports for those who seek this. It renders illegal the forced imprisonment of people with disabilities who wish to live in the community. Also illegal under Olmstead are the discrimination which make imprisonment possible but not community living such as economic discrimination, inaction, or staked advantage.

Now, a person may choose a nursing, I don’t see that a lot in my work which is nursing home liberation–but this is not an Olmstead matter then–Olmstead doesn’t work against patient will–wish nursing “homes” could say the same.

The false information is that Olmstead works against choice, Olmstead is for the person whose nursing stay was not their choice, not their wish and not meeting their needs.

Comment on NEW: Administration for Community Living by TMK

TMK — Fri, 20 Apr 2012 15:23:02 +0000

You are correct when stating that Olmstead provides Americans with choice in how we get Medicaid Long-Term Care Services. Olmstead definitely encourages community based services while preserving institutional services for those who choose or require the comprehensive and professional developmental services found in developmental centers. Olmstead clearly stated that institutional services could not be the only choice. Olmstead did NOT rule that institutional services should be dismantled.

The key word here is “choice” — something you appear not to support when the choice of the family is institutional services for their family member. One must walk in our family’s shoes before judging our decisions.

A distinction must be made between individuals with a disability associated with aging, a physical disability, or a developmental disability which may range from mild to profound. Each individual has specific needs. They should never be collectively referred to as “disabled” meaning all are equal. Let’s hope this new agency does not blur the lines either.

We are witnessing efforts to destroy choice through a misinterpretation of Olmstead which specifically supports choice. “Although all states have Medicaid institutional programs that people may choose” there is no “right to be institutionalized”. Your words Mr. Wheat. No right to choice?

Mark me CONFUSED!

Comment on Do Not Kill Off Sheltered Workshops by stonewall@cpwd.org

stonewall@cpwd.org — Tue, 13 Mar 2012 21:00:18 +0000

There are a few basic definitions of bigot. I refreshed my understanding of each before using it. Wikipedia can help there and give history too if you’re into that.

I don’t believe either of us is a bigot, but each of us lives in a culture for which bigotry is alive and well. If we don’t question it’s power in ourselves and one another it is bound to show up. I feel this article was such a case.

Stonewall (as in gay riot not the general)