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H.R. 3995 - ACTION ALERT
 

 

ORGANIZATION SIGN ON LETTER IN SUPPORT OF H.R. 3995 -

JOIN 100 ORGANIZATIONS IN SUPPORTING H.R. 3995


 

Note: This Action Alert is also available at –

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VOR ACTION ALERT

       **HELP SECURE H.R. 3995 CO-SPONSORS

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February 18, 2008

 

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TABLE OF CONTENTS

 

 

1. ACTION NEEDED – WE NEED MORE H.R. 3995 COSPONSORS

            *Congress is back home – It’s great time for District Visits!

2. Congressional Contact Information

3. About H.R. 3995, including current cosponsors

4. Template Phone Message

5. Template Written Message
6. Keep VOR informed

 

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1. ACTION NEEDED – WE NEED MORE H.R. 3995 COSPONSORS

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DISTRICT VISITS:  Members of Congress are working in their home districts this week for the President’s Day Congressional recess. It is a great time to request a meeting with your U.S. Representatives, or follow-up on pending requests. The next time Members of Congress will be working in their District offices is the last 2 weeks in March.

 

THANK YOU! Since the introduction of H.R. 3995, many VOR members and advocates have done a great job contacting U.S. Representatives requesting that they COSPONSOR H.R. 3995.

 

MEETINGS! Many of you have even taken the time to meet with your U.S Representative in his/her home District office; even more of you have requested meetings and are waiting for the opportunity to meet with your Representative in person. Several cosponsors were gained due to these personal meetings.

 

HELP US KEEP UP OUR MOMENTUM! We’re at 16 cosponsors now, but we need many, many more to help move H.R. 3995 through the process. We need your help to continue to grow support for this critical legislation!

 

IMMEDIATELY! Call and/or write your Representative today and ask them to call Rep. Barney Frank and sign on to H.R. 3995 as a co-sponsor. Template messages follow.

 

Rep. Barney Frank

202-225-5931

Contact: Pilar Falo, Legislative Counsel

 

VOR CAN HELP: We’ve developed several position papers in support of H.R. 3995 which we can share with you to share with your U.S. Representative. We also have a organization support letter with 100 organizations from 30 states supporting passage of H.R. 3995. Contact Tamie at 877-399-867 (toll free); 605-399-1624 (direct); or Tamie327@hotmail.com.

 

FORWARD THIS MESSAGE! Share this message with EVERYONE you know. NUMBERS COUNT!! ACT TODAY. 

 

PICTURES!  Pictures of your loved ones with mental retardation can really help to personalize your message and distinguish it from the letters, faxes and emails received from constituents on many, many different issues. It’s true what they say – “PICTURES SAY A THOUSAND WORDS” – and digital pictures make personalizing your message easy! You can either “cut and paste” your digital photo right into your letter, or print your digital phone from your computer, and enclose it with your letter. (Very soon, VOR will publish instructions on how you can “cut and paste” a picture from your digital camera into your letter).

 

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2. Congressional Contact Information

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To identify your Representative, visit http://www.congress.org. The Capitol Switchboard can also identify your Representative and connect you to their offices: 1-202-224-3121.

 

At http://www.congress.org, you can also get direct phone and fax numbers.

 

If would like the name and contact information for the staff person in charge of this issue in your Representative’s office, ask for the “Health LA” when you contact your Rep’s office, or contact Tamie Hopp at 605-399-1624; Tamie327@hotmail.com.

 

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3. About H.R. 3995, including current cosponsors

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Rep. Barney Frank (D-MA) introduced H.R. 3995 on October 30, 2007. This legislation, if passed, will require before any federally-financed class action lawsuit is filed against Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR), residents and legal guardians must receive notice of the lawsuit and a opportunity to "opt out" of the lawsuit.
 
That’s what is at the heart of H.R. 3995: Giving residents of ICFs/MR and their legal guardians, often the families of the residents of a targeted facility, the right to decide whether the facility is providing good care and whether a lawsuit is needed. Passage of H.R. 3995 will mean that federally financed lawyers, including Protection and Advocacy agencies, must give residents and their legal guardians a say in whether or not the resident is included in the lawsuit BEFORE the lawsuit is filed. .
 
This Bill is Needed!!
 
In 19 states, with 28 lawsuits, federally-funded P&As have filed class action lawsuits directed at Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR) (see, http://www.vor.net/classactions.htm). In many of these cases, especially in recent years, quality of care was NOT at issue. Rather deinstitutionalization - moving residents from the center to community settings - was the stated goal. Predictably, many of these cases, pursued despite known family/guardian opposition, have led to the downsizing and closure of public and private ICFs/MR and the displacement of thousands of individuals with severe and profound mental retardation, sometimes with tragic consequences.
 
You can get the actual bill at http://thomas.loc.gov (enter H.R. 3995 in the search window). 

 

Here is a list of current co-sponsors (as of 2/07/08):

 

Rep. Charles Boustany, Jr. (D-LA)

Rep. Michael Capuano (D-MA)

Rep. Bob Etheridge (D-NC)

Rep. Charles Gonzales (D-TX)

Rep. John Larson (D-CT)

Rep. Stephen Lynch (D-MA)

Rep. Doris Matsui (D-CA)

Rep. Brad Miller (D-NC)

Rep. James Moran (D-VA)

Rep. Ron Paul (R-TX)

Rep. Todd Platts (R-PA)

Rep. Christopher Shays (R-CT)

Rep. Carol Shea-Porter (D-NH)

Rep. James McGovern (D-MA)

Rep. Tim Walberg (R-MI)

Rep. Lynn Woolsey (D-CA)

 

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4. Template Phone Message
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Note: In some states, Protection and Advocacy goes by a different name. To find out what this agency is called in your state, visit: http://www.acf.hhs.gov/programs/add/states/pas.html

Phone Message - Template

“I am your constituent and a member of VOR (Voice of the Retarded). I am writing to ask that Rep. _______ co-sponsor H.R. 3995, introduced by Rep. Barney Frank (D-MA).

“This legislation, if passed, will require that federally funded lawyer groups must give me the opportunity to "opt out" of the lawsuit when a lawsuit is proposed targeting my son/daughter's home, an intermediate care facility for persons with mental retardation.  Right now, federally funded lawyer groups, such as Protection and Advocacy, don't have to even tell me they will be filing a lawsuit and representing my loved one. As a guardian, I think I should be the one to decide, not a federally-paid attorney. H.R. 3995 will address this inequity. Please ask Rep. _________ to co-sponsor H.R. 3995. The contact to call in Rep. Frank’s office is Pilar Falo, Legislative Counsel (225-5931).”

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5. Template Written Message
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Date

PLEASE CO-SPONSOR H.R. 3995

Dear Rep _____________:

I am your constituent and a member of VOR (Voice of the Retarded). I am writing to ask that you co-sponsor H.R. 3995, introduced by Rep. Barney Frank (D-MA) on October 30, 2007.

This legislation, if passed, will require that before federally-financed class action lawsuits against Medicaid-certified and funded Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR) can proceed, residents and their legal representatives must receive notice of the proposed class action and be given a time-limited opportunity to opt out of it.

I support H.R. 3995 because if federally funded lawyers ever decide to pursue a lawsuit on behalf of my family member with profound mental retardation, I want to be notified. I also want the right to decide whether or not these attorneys represent my family member and whether a lawsuit is needed. These decisions are best left to families/guardians, not the lawyers attorneys.

This law is desperately needed. Federally-funded attorney groups often pursue class action lawsuits against ICFs/MR, driven primarily by a bias against ICF/MR care, as evidenced by the number of closures due to these lawsuits – at least 15 ICFs/MR in 9 states, involving thousands of individuals with mental retardation (see, http://www.vor.net/classactions.htm). Families have good reason to be concerned. Closures sometimes result in tragic outcomes for the former residents (see e.g., http://vor.net/abuse_neglect.htm, listing examples of systemic abuse, neglect and higher death rates in community settings for people with mental retardation who have been moved out of ICFs/MR in many states and the District of Columbia).  

Families, many of whom are also legal guardians, often object strongly and expressly object to the lawsuit and its objective of closure because they are pleased with the care their loved ones are receiving. Under current law, however, there is no requirement that legal guardians or residents be notified of a class action lawsuit and they do not have the right to opt out. Consequently, many residents of ICFs/MR are swept into these lawsuits and transferred from ICF/MR settings against their or their guardians’ wishes (see, http://www.vor.net/FamilyTestimonials.htm).

 

Federal law, including the authorizing language of one federally-funded lawyer group that files class action lawsuits against ICFs/MR – Protection and Advocacy – embraces the policy that individuals and their families/guardians are the “primary decisionmakers” regarding the services and supports received. This law – the Developmental Disabilities Assistance and Bill of Rights Act -- is scheduled to be reauthorized this year. The timing is right to change the rules to assure individual and family rights by passing H.R. 3995 (see, DD Act, 42 U.S.C. 42 U.S.C. 15001(c)(3)(2000)). 

 

Please contact Pilar Falo, Legislative Counsel, in Rep. Barney Frank’s office (225-5931) and let her know you will co-sponsor H.R. 3995. Passage will mean that P&A can only pursue lawsuits on behalf of individuals that they have notified and have been given a chance to "opt out." That’s just good common sense.

Sincerely,

Name, Address, Phone, Fax, E-Mail

P.S. P&A’s authorizing statute, the Developmental Disabilities Assistance and Bill of Rights Act is scheduled to be reauthorized this year. The timing is right to amend the DD Act by passing H.R. 3995. Thank you in advance for co-sponsoring this legislation.

 

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6. Keep VOR informed

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Contact Tamie Hopp with updates on your progress and let her know if any follow-up by VOR is needed or desired. 605-399-1624; Tamie327@hotmail.com.

 

 

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VISIT YOUR U.S. REPRESENTATIVE TODAY!!

SEND YOUR LETTER OR MAKE YOUR CALLS TODAY!!

THANK YOU FOR YOUR PARTICIPATION!!

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VOR * 836 S. Arlington Heights Rd., #351 * Elk Grove Village, Illinois * 60007

877-399-4VOR ph. * 847-258-5273 fax * tamie327@hotmail.com