Advocacy Materials In Support of H.R. 1255 VOR Asks Congress to Support H.R. 1255
VOR Asks Congress to Support H.R. 1255 |
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TO: Members, U.S. House of Representatives On March 3, 2009, Rep. Barney Frank introduced H.R. 1255, a bill “to protect the interests of each resident of intermediate care facilities for the mentally retarded [ICFs/MR] in class action lawsuits on behalf of such resident.” Already, H.R. 1255 has 16 cosponsors, including 9 original cosponsors. Last Congress, more than 40 cosponsors supported identical legislation introduced by Rep. Frank. This year and last, the bill has drawn strong bipartisan support from members across the political spectrum. H.R. 1255 would give residents of ICFs/MR and, where judicially appointed, their legal guardians (usually close family members), the right to receive notice of federally-funded lawsuits involving the residents’ ICF/MR homes and then to decide whether or not they want to be a part of the lawsuit. Currently, federally- funded lawyers make these decisions, often without consultation with the residents and their legal guardians and always without the right to opt out. Reform is desperately needed. Twenty-eight federally-funded class action lawsuits have been filed, resulting in the closure of at least 15 ICFs/MR in 9 states, involving thousands of individuals with developmental disabilities. Federally-funded attorney groups are most often motivated by a bias against the ICFs/MR option when filing these lawsuits. Since 1996, every federally-funded class action has been for the primary purpose of removing residents from their ICF/MR home (“community integration”); the condition of care at the targeted ICFs/MR was not at issue in any of these cases. An added offense is the fact that most of lawsuits filed against U.S. Department of Health and Human Services (HHS)-funded ICFs/MR are filed by HHS-funded Protection and Advocacy (P&A) agencies, making these cases, in effect, HHS v. HHS, an absurd use of scarce federal dollars. Federal law (see e.g., the DD Act) embraces the policy that individuals and their families/guardians are the “primary decisionmakers” regarding the services and supports received. H.R. 1255 would help ensure that this promise is real for ICF/MR residents and their legal guardians who find themselves caught up in a lawsuit they do not support, being represented by attorneys who do not even consult them. Please cosponsor H.R. 1255 today. Contact Pilar Falo, Legislative Counsel to Rep. Barney Frank, at 202-225-5931 to add your support. Sincerely, |
