Two states have come to the realization that their state Protection and Advocacy Agencies (P&As) have not been acting in the interests of all people with I/DD and autism. Instead, they have been following their own agenda of closing Intermediate care facilities while promoting Home and Community-Based Services. In short, not protecting, only advocating for their own agenda.
Ohio and now North Carolina have passed laws to hold them to account to their state legislators.
VOR's Jane Anthony recently unearthed a video that VOR members made 25 years ago, promoting the need for intermediate care facilities as an important component of a full continuum of care and service options. The year was 1999, right around the time that the Supreme Court submitted its historic ruling in Olmstead, promoting community integration for those who desire it, while protecting Choice for families of people who require higher levels of care.
The Department of Health and Human Services has issued a proposed rule "Discrimination on the Basis of Disability in Health and Human Service Programs or Activities", intended to update, clarify, and strengthen the implementing regulation for Section 504 of the Rehabilitation Act of 1973.
VOR contends that the policies of HHS, notably the actions taken over the years by the Administration for Community Living and several of the organizations they subsidize (including State P&As and DD Councils, University Centers for Excellence, and the National Disability Rights Network) have regularly committed acts of discrimination against those with the most severe and profound intellectual and developmental disabilities and their families.
In May, a collaborative of self-advocates, disability "rights" organizations, the National Disabilty Rights Network, and others wrote a letter to the Department of Labor calling for the elimination of 14(c) programs and sheltered workshops for people with I/DD and autism. The people who submitted the all appear to work in competitive employment, professional- or university-based advocacy organizations, or are senior management at agencies that receive federal funding. None were among the cohort of individuals who work in, and benefit from, the opportunities offered by sheltered workshops.
In response, VOR submitted a letter in support of these programs, asking that the DOL clear up the misrepresentations about them and actively support funding them and increasing the number of 14(c) certificates it issues.
By Carole Sherman
On June 20, 2023, the Senate Special Committee on Aging, chaired by Sen. Bob Casey (D-PA) convened a panel to "Celebrate Olmstead". The panel clearly misrepresented the Olmstead Decision, and joyfully celebrated their own re-interpretation of the decision.
In response, long-time member of VOR and Arkansas advocate Carole Sherman sent a letter reprimanding the Senate Special Committee for putting on such a presentation that disregards the needs of so many people they are responsible for protecting.
