| MCIL Journal | FreeOurPeople.org | ADAPT Action Report | Home |
|
|
| MCIL News Release Archive |
| National ADAPT |
| M C I L |
| Tennessee ADAPT |
| Not Dead Yet! |
| B F M S |
Contact:
Carlene Leaper (901) 327-2473
Tom Buggey (901) 678-4778
Dawn Russell (901) 726-6404
Tim Wheat (901) 726-6404
Press Conference:
Nov. 24, 1998; 3:30 P.M.
Memphis Center for Independent Living
1633 Madison Avenue - Conference Room
The Mid-South Arc is leading local agencies in asking that state officials address Tennessee's bias to institutional services rather than home and community based alternatives.
RISE, United Cerebral Palsy, the MS Society, Baptist Home Care, the Gandhi Institute, ADAPT and the Memphis Center for Independent Living have signed a "Position Statement on Options for Long-Term Care for Tennesseeans with Disabilities." That position statement supports consumer-driven, community-based options.
Tennessee gives 96% of Medicaid public funds to institutions and the nursing home industry even though people would prefer to live at home. Because facilities dominate public funds, options for disabled and elderly Tennesseans to live at home are limited. The statement suggests moreover, that Tennessee's institutional preference violates the integration mandate of the Americans with Disabilities Act.
The position statement quotes U.S. Attorney General Janet Reno. "...We believe that states have an obligation to provide services to people with disabilities in the most integrated setting appropriate to their needs." Clearly, the federal civil rights law sanctions choices, in addition to an institutional setting.
States..."administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities." [28 CFR § 35.130(8)(d)] -the 1990 Americans with Disabilities Act
"... We believe that states have an obligation to provide services to people with disabilities in the most integrated setting appropriate to their needs. And we have used the law to fight for this. Many individuals with disabilities are being placed in nursing homes or other institutional settings even when they don't really need to be there.""... But some states don't understand what I've been talking about and they refuse to make reasonable modifications in their policies that would allow this to happen. They deny people with disabilities from receiving community based services under already existing state programs."
The Integration Mandate
Tennessee has not made the first step to provide reasonable long-term care. In 1992 Tennessee programs were to make an assessment to insure that people with disabilities were not segregated.
Because the TN Dept. of Health has not done a self- evaluation the nursing home industry is profiting on citizens segregated into institutions and Tennessee taxpayers cannot benefit from cost-effective home and community-based programs.
One of the fundamental requirements of the title II regulations is that public entities "administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities." [28 CFR § 35.130(d)]This integration requirement applies to all State activities, including the provision of nursing home, institutional, and community-based services to people with disabilities...
If a State has failed to address the ADA's integration requirement in its self-evaluation, then its self- evaluation is incomplete. In these circumstances it would be appropriate for State officials to address the integration issue.
End Segregation Now!
Institutional bias in Tennessee is extreme. Tax money is controlled by inefficient facilities and wasteful administrators rather than the citizens the funds are designated to assist. 96% of public long-term care funding in Tennessee goes to institutions and the nursing home industry, even though Tennesseans overwhelmingly prefer to live in the community.
The 1990 Americans with Disabilities Act guarantees that citizens with disabilities be provided services in the MOST INTEGRATED SETTING APPROPRIATE.
Yet, Nancy Menke and the Department of Health have not taken the first step to end this illegal SEGREGATION. Tennessee spends your Medicaid public funds on facilities not people.
REAL homes
not nursing homes!
ADAPT of Texas: (512) 442-0252
adapt@adapt.org
The Memphis Center for Independent Living
1633 Madison Avenue,
Memphis, TN 38104
(901) 726-6404 v/tty (901) 726-6521 fax
mcil@mcil.org
MCIL is a United Way of the Mid-South member Agency
Return to the top of this page
MCIL would like feedback on the accessibility of this website. Please send your comments and concerns to webmaster@mcil.org