H.R. 1255 - Protecting the Legal Rights of People with DD

H.R. 1255 is a federal disability rights bill aimed at advancing the rights of individuals with profound cognitive disabilities whose care needs are often best provided for in Medicaid-licensed homes where high quality, compassionate supports are provided. Introduced by Rep. Barney Frank (D-MA), H.R. 1255 has now has 74 cosponsors, with nearly equal numbers of Democrats and Republicans, have cosponsored H.R. 1255. This legislation addresses the injustice of federally-financed class action lawsuits filed with the ideological purpose of moving vulnerable individuals with profound developmental disabilities from their homes into community settings, despite the fact that most residents or their guardians oppose the move. Such displacement violates the civil and human rights of the affected residents to maximize their development potential in safe and specialized residential homes where they are very much integrated in the surrounding community.

For more information, visit VOR's Legislative Page.

Medicaid

The federal Medicaid program provides medical and other program benefits to eligible groups of low-income people who are also categorically eligible, such as people with mental retardation and developmental disabilities. Although the Federal government establishes general guidelines for the program, the Medicaid program requirements are actually established by each State. Most Medicaid services for people with mental retardation are considered optional, that is, provided at the option of a state.

Olmstead v. L.C.

The Supreme Court Supports Residential Choice!

The Supreme Court, in its landmark Olmstead v. L.C. ruling, recognized the need for a range of services which respond to the varied and unique needs of the entire disability community: “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.” 119 S. Ct. 2176, 2187 (1999).

Developmental Disabilities Assistance and Bill of Rights Act Reauthorization

For the first time in nearly a decade, Congress will be considering the reauthorization of programs receiving federal funding under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act). 

While the DD Act’s policy endorses residential choice and individual decisionmaking, some DD Act programs, though legislative lobbying, class action lawsuits and other tactics, act to eliminate one of those choices – Medicaid-certified and funded Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR). These practices force the transfer of thousands of individuals from specialized ICFs/MR that are uniquely suited to meet their extreme needs.