Center for Disability Rights
412 State Street
Rochester, NY 14608


July 17, 2004                                                                                                                                          Contact: Chris Hilderbrant  (585) 530-7117
For Immediate Release                                                                                                                                           Bruce Darling       (585) 370-6690

Disability Activists Block Intersections, Secure Initial Victory

Thirty-seven Rochester-area disability rights activists joined ADAPT, a national disability rights group, today in protest at the National Governors Association (NGA) conference in Seattle, Washington. After a delegation of ADAPT members were not allowed to deliver ADAPT's proposed resolution (copied below) to the Governors attending the conference, ADAPT members blocked several busy intersections surrounding the National Governors Association's hotel, demanding that the NGA introduce and pass the resolution.

For eight years ADAPT has been advocating that the NGA address the institutional bias in the long term care system. ADAPT had tried for several weeks to deliver a proposed resolution in support of community-based services and ending the institutional bias of long-term care, but the NGA has refused to even discuss the issues with ADAPT. Late yesterday (July 16th), the NGA offerred to meet with ADAPT. This morning, Matt Salo, an NGA staffer met with the full ADAPT group, but stated he could not agree to get ADAPT's resolution introduced to the NGA. "Because they ignored us, we decided to bring the message to them in a way that they simply could not ignore," said Gene Spinning of Rochester ADAPT.

The ADAPT group sent 50 representatives with the proposed resolution to the NGA hotel. When police refused to allow ADAPT to deliver the materials to the NGA, the group was joined by 450 additional ADAPTers who blocked three intersections surrounding the Westin Hotel. After five hours of protest, ADAPT negotiators were successful in securing a commitment from the Governor of Pennsylvania to introduce ADAPT's resolution to the NGA during the conference on Monday, July 18, 2004. "The introduction of the resolution tomorrow is an excellent step foward," said Bruce Darling of Rochester ADAPT, "but ADAPT will be here to make sure this is not just lip service."

On July 18th, ADAPT will be holding a press conference to release its list of the Ten Worst States related to Home and Community Service Options.


The Resolution

Dear Friends of Community Services:

This is a resolution that ADAPT activists are proposing that the NGA members vote on and pass while they are in Seattle for their national conference, July 17th-19th.

Over two million people with disabilities, old and young, withphysical, mental and/or cognitive disabilities are warehoused in nursing homes and other institutions because of the lack of home and community services.

ADAPT believes the NGA and each individual Governor play an integral part in the reforming of this institutionally biased long term care system.

The ADAPT Community

RESOLUTION

Commitment To Community-based Long Term Care Services and Support

WHEREAS millions of people with disabilities and older Americans currently need or will need long term services and supports to live in the community and this number is expected to grow at a rapid pace over the next three decades; and

WHEREAS the current long term care system is fragmented, overly medicalized, bureaucratic, expensive with an institutional bias that unnecessarily forces people with disabilities and older Americans in nursing homes and other institutions; and

WHEREAS the Supreme Court in the Olmstead vs. LC & EW decision ruled in 1999 that people have the right to services in the most integrated setting; and

WHEREAS the American public overwhelmingly supports long term care services and supports be provided in their own home and communities; and

WHEREAS the reform of the long term care (services and supports) system must be a cooperative partnership between the federal government, the states and the disability/older community,

THEREFORE BE IT RESOLVED that the National Governors Association, NGA, by a vote of the membership and the Executive Committee supports the following:

A) The current long term services and support system has an institutional bias that must be reformed through a cooperative effort by the federal government, the states and the disability/older community including those who use services; and

B) The long term services and support system must include the principles that home and community services and supports are the first priority and that support services should be provided in the most integrated setting; and

C) No person with a disability or older American should be forced into a nursing home or other institution because of the lack of integrated home and community options; and

D) People with disabilities and older Americans must have full inclusion in the design, implementation and review of the long term services and support system; and

BE IT FURTHER RESOLVED that the NGA supports the passage and funding of the Medicaid Community Attendant Services and Supports Act, MiCASSA (currently S971 - HR 2032) and legislation that includes the Money Follows the Person initiative (currently S.1394 - HR 1811); and

BE IT FURTHER RESOLVED that the NGA work with the individual states to assure that the Supreme Court's Olmstead decision is aggressively implemented and that the measure of this implementation be, in a year, how many people have gotten out of nursing homes and other institutions and how many people have been diverted from nursing homes and other institutions; and

BE IT FURTHER RESOLVED that the NGA work with the states to assure that any 1115 waivers submitted by a State should have statewide public hearings before development and submission to HHS, and that the 1115 waiver process should not be used to undercut current community Medicaid services and federal protections; and

BE IT FURTHER RESOLVED that the NGA supports reform of the long term services and support system that does not result in block granting, capitating or otherwise reducing or eliminating funding to the states or the removal of the current national Medicaid protections.


Passed this day ____________ July 2004

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FOR MORE INFORMATION on ADAPT visit ADAPT's website at  http://www.adapt.org/