2009 Disability Priority Agenda
As
Increasing
funding for Independent Living Centers carries no cost to the State because of
the substantial savings generated by these essential services. In fact, not
doing so costs the State money in lost savings. ILCs have saved
Centers
for Independent Living continue to demonstrate value in assisting individuals
with disabilities of all ages to gain needed skills and obtain needed supports
to live independently in integrated community settings. Centers have proven to
be effective partners in helping government comply with the Americans with
Disabilities Act and save money by supporting individuals with disabilities to
live in less-costly community settings. (
In 2008,
NYAIL sponsored a statewide needs assessment, conducted by the Center for
Governmental Research, which showed significant gaps in services and
underserved geographic areas statewide. The report provides ample evidence of
the need for additional ILC services in communities across the state, to lessen
current inequities in the availability of ILC services and provide critical
safety net services during the economic downturn.
The New York Association on Independent Living (
For further information and copies of NYAIL’s statewide
needs assessment final report, please contact:
Executive Director
Ph. 518.465.4650
Email mshaw@ilny.org
2009 BUDGET
PRIORITIES
In SFY 2008-09, ILC funding was cut twice, in April and
during the August special session, for a total cut of $1.2 million from the
previous level of $13.2 million. These cuts should be fully restored and an additional
investment made in ILCs to generate further savings to the State. ILCs have
conservatively saved
HEALTH CARE
People
with disabilities want to choose and manage their own services, delivered in
their homes. The Consumer Directed Personal Assistance Program (CDPAP) saves
State Medicaid dollars because the reimbursement rate for services is nearly
1/3 less than traditional, agency-directed services. Broadening use of the
CDPAP program will generate structural Medicaid savings and increase access to
services in the most integrated setting. To accomplish this, the State should:
1)
Invest savings generated by the CDPAP program in outreach, training and
transitional services for individuals who wish to participate in CDPAP. ILCs
have demonstrated expertise in providing these services;
2)
Set saving targets for counties to enroll or transition individuals to CDPAP;
3)
Amend regulations regarding payment to family members for attendant services to
be consistent with federal regulations.
Ø
The
proposal for Regional Long Term Care Assessment Centers seems to address disparities in the
availability of services from county to county, particularly in upstate regions; if these centers are
solely focused on cost savings,
however, continued under-authorization of services may result.
Ø
The
resources proposed for the Cash & Counseling demonstration would be better invested in transitioning people
who wish to participate in the Consumer Directed
Personal Assistance Program (CDPAP) from costlier agency directed services.
Ø
Cuts to home care services, particularly personal care, should be rejected. Making cuts to home care rates,
particularly personal care, is a counterproductive
strategy. Cuts in personal care rates will lead to lower compensation for personal care attendants,
just as the State is trying to improve the
compensation of home health aides who provide costlier agency-directed services.
Ø
Housing subsidies are essential to the success of the Nursing Facility
Transition
and Diversion (NFTD) Medicaid waiver
program. We applaud Governor Paterson for
again including $2.5 million for housing subsidies. In implementing the NFTD program, the State will assist 5000
seniors and people with disabilities to live in the most integrated setting and avoid or end unwanted and costly nursing
home placement. Access to
affordable, accessible, and integrated housing is critical to the success of this program.
SSI BENEFITS /
POVERTY
·
Restore
the 2009-10 SFY Executive Budget proposed cuts to State benefits for SSI to individuals and couples living in the
community.
Although there has been no increase in the state supplement
for 20 years, the 2009-10 Executive Budget proposes to cut the SSI state
supplement to individuals and couples living in the community by between $16
and $28, effective
MOST INTEGRATED
SETTING
Under the 1999 US Supreme Court Olmstead decision, people with disabilities are entitled to receive
the services and supports they need to live in the community and avoid unwanted
placement in nursing homes and other institutions. The impact of the Olmstead decision has not been fully
realized in New York, in terms of facilitating the transition to fully
integrated community-based services, in spite of some recent progress made by
the State’s Most Integrated Setting Coordinating Council (MISCC). The
long-standing financial and policy bias toward institutional and segregated
placements by
EMPLOYMENT
There are currently 52,229 individuals enrolled in
segregated programs, including sheltered workshops, through OMRDD alone, with a
total cost to the state of more than $1 billion.
The cost per person in a segregated program, according to OMRDD’s figures, is
$21,309 compared to $5,291 per person in supported employment. Everyone,
regardless of disability, can work in a real job for real wages. All people
with disabilities should have the opportunity to make informed choices about
where to work and a continuum of employment services, leading to fully
integrated employment, should be available. Supported and other integrated
employment programs save substantial costs to the State and ensure people with
disabilities are served in the most integrated setting possible.
2009 PUBLIC POLICY
PRIORITIES
HOUSING
Housing developers often fail to comply with Section 504’s
requirement to set aside a certain percentage of accessible units for people
with disabilities when federal dollars are used for construction. By including
these requirements in state law, the Department of Housing and Community
Renewal (DHCR) will be fully empowered to enforce these requirements and ensure
that the State is in compliance with federal standards.
“Visitability” is a movement to change home construction
practices so that new homes offer a few specific features that make the home
easier for people with mobility impairments to live in and visit. The spirit of
“visitability” is the belief that it is unacceptable that new homes continue to
be built with gross barriers, given the ease of building basic access into the
majority of new homes and the harsh effects major barriers have on people’s
lives, including physically unsafe conditions, social isolation, and unwanted
institutionalization.
CIVIL RIGHTS
The Americans with Disabilities Act (ADA) of 1990 and
Section 504 of the Rehabilitation Act of 1973 each provide comprehensive
protection for the civil rights of people with disabilities under federal law.
It is essential that New Yorkers with disabilities are assured that the
provisions of Title II of the
EDUCATION
Students with disabilities are especially vulnerable to
inappropriate use of restraints. Physical restraints should be used only
in those situations when a child poses an imminent risk of harm to self or
others. A single, uniform standard for restraint of students in public schools
should be established, including identifying the most effective, least
restrictive, and safest techniques for modification of a child’s behavior,
emphasizing de-escalation techniques to avoid the use of physical force. The use of restraint must be fully
documented by the school and parents must be notified in writing. School personnel should receive
training on the proper use of physical restraint and alternatives to their use.
MENTAL HEALTH
·
Amend
state Social Services Law Section 384-b to eliminate subdivisions (4)(c) and
(6)(a-e), which permit termination of parental rights on the basis of mental illness or mental retardation.
Parents with psychiatric and intellectual disabilities are
vulnerable to the loss of custody and termination of their parental rights
because of a long-standing bias in State law. Since 1976, NYS Social Services
Law has included as grounds for the termination of parental rights, the
inability “by reason of mental illness or mental retardation, to provide proper
and adequate care…” of a child. The use of these disability-related grounds for
termination promotes the discriminatory belief that parents with such
disabilities are unable to care for their children and creates a presumption
that these parents are unfit. The safety of children is adequately protected,
however, by other provisions of SSL 384-b allowing termination based on a
parent’s behavior rather than their disability.
ELECTION REFORM
·
Eliminate provisions in Section 4-104 (1-a) of the
NYS Election Law allowing waiver of polling place accessibility requirements.
Require polling places to comply with
People
with disabilities must be afforded the basic right as citizens to vote along
with their families, friends, and neighbors and barriers to this right that
remain in New York State Election Law must be removed.
TRANSPORTATION
The limited availability of accessible transportation
services is a major barrier faced by individuals with disabilities throughout
the state, often leading to unemployment, the inability to access medical care,
and isolation from friends, family, and full community participation.