ADAPT: Laguna Honda Campaign

Dear Community Services Advocate:

The Laguna Honda findings letter sent by Department of Justice, DOJ, Assistant Attorney General Ralph Boyd and the ADAPT action at the Department of Justice give activists another opportunity to push the civil rights strategy of the "Real Choice Campaign."

For a copy of the DOJ letter go to: http://www.usdoj.gov/crt/split/documents/laguna_honda_hosp.pdf

For a good summary of the findings go to: www.stevegoldada.com #53

We should focus on two major findings in the DOJ's Laguna Honda letter: 1. Failure to properly assessing discharge potential of people in nursing homes, and 2. Inappropriate admissions into nursing homes.

The Laguna Honda letter was based on the Civil Rights for Institutionalized Persons Act better known as CRIPA. However, Ralph Boyd and DOJ do not seem convinced that the Olmstead decision (which is based on the Americans with Disabilities Act "most integrated setting" requirement) affords the same protections for people in other nursing homes. DOJ says CRIPA gives people in the Laguna Honda stronger protections, however, CRIPA only covers government owned institutions and nursing homes.

ADAPT believes HHS and DOJ do have the authority -- under the ADA -- to take action on all nursing homes, public and private. States currently set policies regarding both assessment and admission for all Medicaid recipients. This makes the state subject to Title II of the ADA. HHS and DOJ have authority when the state's policies violate Title II of the ADA.

WE HAVE TO TEST BOTH HHS AND DOJ ON THEIR COMMITMENT TO FULLY ENFORCE SIMILAR VIOLATIONS IN ALL OTHER NURSING HOMES IN THE COUNTRY.

Please do the following:

Write your state Medicaid Director and ask him/her if your state has a process to assess the discharge potential of people in nursing homes. Ask for a copy of the process. Give them two weeks to answer.

2. Write your state Medicaid Director and ask him/her if your state has a process to avoid the inappropriate admission of people into nursing homes. Ask them to identify any inappropriate admissions. Ask for a copy of the process. Give them two weeks to answer.

3. Write your state Medicaid Director or head of your Human Services Department and ask for a copy of the state's Comprehensive Effectively Working Plan. (There is a lot of blah, blah, blah out there, but we want to build a paper trail.) Give them two weeks to answer.

(You can combine 1, 2, and 3 in one letter. If you want sample letter please contact us.)

4. Identify as many people as possible in nursing homes who want out.

After you do or don't receive the above material, file a Title II ADA complaint against your state with both Richard Campanelli HHS/Office of Civil Rights and Ralph Boyd of the Department of Justice (send the same complaint to both). In your complaint state what your state's policies and/or nursing home requirements are for assessing discharge potential of people in nursing homes and the process they use to admit people into nursing homes.

Make sure your complaint clearly states the following:

THIS IS A STATEWIDE SYSTEMIC VIOLATION OF FEDERAL LAWS AND IS APPLICABLE TO ALL NURSING HOME RESIDENTS.

Send complaints to:

Ralph Boyd Jr., Assistant Attorney General
Department of Justice
Civil Rights Division
Washington, DC 20530

Richard Campanelli
Department of HHS
Office of Civil Rights
200 Independence SW
Washington, DC 20201

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Our intent is to have complaints filed in every state in the country so we can FREE OUR PEOPLE! We need your help to accomplish this.

Please contact Bob Kafka at 512/442-0252 or adapt@adapt.org if you have any questions.

For an Institution Free America,

The ADAPT Community

 

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