Massachusetts Still Continually Violates the Spirit of the Olmstead Decision
In a landmark 1999 decision on the Americans with Disabilities Act (Olmstead v. L.C.), the Supreme Court decided that people with disabilities have a right to receive care in the most integrated setting appropriate and that unnecessary institutionalization violates the Act. All states are now required to facilitate community based services and reduce institutionalization for those requiring long-term care. However, far too many people with disabilities in this state who, with but a modicum of assistance regarding adaptive equipment and community based care services, could easily become integrated and active within our communities are compelled to live their lives in virtual prisons and leave loved ones, friends and their chosen communities behind. Beyond being an inefficient waste of both our tax dollars and resources, the failure by this Commonwealth to further facilitate independent living for people with disabilities is a de facto human rights violation impacting on the freedoms and liberties of our very own citizens.
Throughout my nine years as a certified nursing assistant, I was appalled, shocked and astonished to see how disabled and elderly persons perfectly capable of managing their very own affairs and contributing to their communities were being segregated, shelved and forgotten all because this Commonwealth would not afford them the means needed to contribute to their communities, to become the valuable assets to their communities that each was perfectly capable of being if only provided community based access and care.
The Green-Rainbow Party Supports Full Integration and Access for the Disabled
Together with disability rights activist and present Green-Rainbow Party candidate for Lt. Governor, the wonderful Martina Robinson, I helped compose the following plank to the Green-Rainbow Party platform - a platform plank intended to cement our status as leaders in the disability rights struggle:
"To facilitate increased independence and mobility for people under long term care the Green-Rainbow Party supports mandatory minimum staffing legislation for nursing facilities, increased resources for rehabilitative services, and encouraging home and community based long term care services instead of institutionalization. We recognize as a party that most people with disabilities and elders would prefer to live in their own apartments, houses and communities supported by people they and their family members hire and instruct in issues related to their care, i.e. scheduling, task performed, etc., rather than in institutions. The Green-Rainbow Party as a general rule strongly discourages institutionalization of elderly and people with disabilities except where such would serve the best interest of the individual on a case by case basis and no better alternative exists."
I Support a Legislative Agenda to Make This Dream A Solid Reality
I fully support and endorse the legislative agenda proposed by the Massachusetts ARC. I support raising the Turning 22 line item 5920-5000 to $10.5 million, ensuring at least $21,000 per year per graduate for employment or day transportation and support services; I support an increase of $5 million to Family Support Line Item 5920-3000 permitting an additional 5000 to be served by Family Support allocations, and thus allowing more cost-effective and humane strategies for children with medical needs and autism; I support an increase of $4 million to DOE-DMR Collaboration, Line Item 5948-0012, to clear the waiting list for children with severe disabilities to be reintegrated into their families rather than shelved in private facilities; and I support full funding of H.2930 and S.1154 permitting, with $12 million in new line item 1599-1603, better staff retention and development within community services purchased by DMR.
To facilitate more humane treatment of people with disabilities, I firmly support passage of S.376/ H.1120, the Act to Ensure the Human Treatment of People With Disabilities, as filed by Sen. Jarrett Barrios and Rep. Barbara L'Italien, and I firmly back passage of S.1352 to promote training of law enforcement officers in responding to mental health emergencies as filed by Sen. Cynthia Creem. I back passage of H.2885, an Act Relative to Rates for Human and Social Service Programs, in order to reform the human services price setting system; S.784, loan forgiveness for direct care human service workers; and S.2380 to promote higher education among employees of human services providers. I support expanding definitions of mandated reporters of abuse; I support full funding for the Emergency Aid to the Elderly, Disabled and Children Program to meet current eligibility standards and provide a 10% cost of living adjustment; I support full funding of inpatient care for the Department of Mental Health; and I firmly support restored coverage for prosthetics, orthotics, dentures, eyeglasses and chiropractic therapy via single-payer health care plans. I furthermore believe health care dollars expended should follow consumers into their own communities and allow for those consumers to choose themselves what options best meet their needs. I firmly support legislation to create a PCA Quality Workforce Council (H.4758), and support full implementation in Massachusetts of the Ticket to Work/ Work Incentives Act.
Home and Community Based Service Options Help Consumers and Save Money for the State
Martina Robinson has estimated that the Commonwealth would save over $27,000 per consumer to provide for community based health care services rather than imprisoning consumers in nursing homes. Freedom for the more than 8200 wrongly deprived of freedom and liberty when community based services would quite nicely suffice would result in savings for the Commonwealth in the realm of some $221,400,000 per year.
Further resources:
Martina Robinson, Green-Rainbow Party Lt. Governor Candidate
Massachusetts ARC
Freedom Center
Campaign for Right of Passage
PCA Quality Workforce Campaign
Owen R. Broadhurst on Google
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