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CDREA has been posing the question to federal regulators for the past couple of weeks of the extent to which EPSDT could be considered as providing civil, constitutional rights to children with disabilities. The response has just come back in writing: yes, there are civil rights issues related to EPSDT. The implications of this . . . → Read More: EPSDT as Civil Right under the Americans with Disabilities Act The definition of retaliation under the Americans with Disabilities Act is important for important for parents and caregivers to understand. Here it is, directly out of the ADA: Sec.36.206 Retaliation or coercion. (a) No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made . . . → Read More: What the Americans with Disabilities Act calls “Retaliation” Two court decisions handed down by a US Federal District Judge in Georgia have essentially made a civil crime out of denying our children their medical legal rights. The bottom line effect of these decisions is to give parents and caregivers a level of control over deciding how to meet the medical, educational . . . → Read More: Major court victories for our kids’ legal medical rights In December of 2008, Hawaii’s Developmental Disability Division of the Department of Health sent a letter out to participants in the state’s DD waiver program, announcing an across the board cut of 15% in home and community based services. The written decision issued by the Department of Health in a Kauai child’s appeal of . . . → Read More: Hawaii DOH appeal decision opens the door for restoration of Medicaid waiver cuts This country has come to a sorry place indeed when state government employees are so accustomed to discriminating against Americans with disabilities that they would threaten a mom with institutionalizing her child during a formal hearing. That’s what happened to me on September 9, at the formal appeal hearing with Hawaii’s Department of Health . . . → Read More: When the state threatens to institutionalize your kid I’ve been having to devote time to my little girl’s seizure issues, and my own struggle with our state waiver program over proposed cuts in her nursing hours. So I missed the comment from UCP from my last article and didn’t see it until now. I hadn’t had a chance to post yet about . . . → Read More: Are 10 of our 50 states committing daily violations of the civil rights of our citizens with disabilities? If you’re not familiar with her name, Shirley Hufstedler was the very first US Secretary of the Department of Education. Jimmy Carter appointed her, and according to Wikopedia, said that if he’d had an appointment to make to the Supreme Court, it would have Hufstedler. During the fourteen months that she served as the . . . → Read More: Shirley Hufstedler and EPSDT I’ve uploaded some newer documents to Scribd. 1. CMS in March of this year updated their database for the number of children eligible for EPSDT, at least as of 2007. One report is national in scope, the other breaks it down by state. Figures are provide by the states. There are no budgetary figures . . . → Read More: New resources uploaded to Scribd Pennsylvania has now become the sixth state I’ve learned about that has a pending court case based on violations of the civil rights of individuals with disabilities. A Kentucky newspaper reported yesterday (June 27) that the US Department for Human Services Office for Civil Rights is investigating Kentucky for federal civil rights violations incurred by cutting home based medicaid services for people with disabilities. Since I started this blog five months ago, I’ve been able to identify five states being sued . . . → Read More: Feds Investigating Kentucky medicaid home services cuts as civil rights violation |
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