Moving Along


            It’s funny what you find on the Internet. It’s been a while since I’ve written anything because I’ve been busy reading and writing a book, but today I came across something noteworthy. As many of you know, I recently graduated with my masters who have followed this blog. You may not know that I have been planning to move from my Pennsylvania home to a home in Florida.

            The home is currently being built, so as far as a physical structure, I will have an accessible place to live, but moving is never simple when you are non-disabled, much less when you are disabled. Because I require so much physical care, I use at home health services to provide that care. I use these services to avoid going into a group home or a nursing home. These services fall under what is known as home and community-based services.

            As of today, there are no uniformed national standards for home and community-based care services. Each state can set its criteria as to how to dispense these services. Why is this a problem, one might ask? Under the current system, the way services are proportioned only accounts for disabled individuals who want to stay near their hometown or area they live in currently. There is a significant gap between uses if you are a disabled individual moving from place to area. This can present a problem because it does not view disabled individuals as people, but rather as fixed pieces on a chessboard that stands still. Disabled people have just as much desire to grow and explore the world as everyone else. However, there is hope on the horizon.

            In an article found in Disability Scoop, Michelle Diamante outlines possible hope for people who use community-based services. She details what is currently know about the impossible senate bill from an Iowa Senator to improve community-based services. While the article does not include many details about the account, Diamante does quote the senators senior aide as saying “(Harkin) is currently looking at developing legislation that would enhance community access, inclusion, and support to ensure that all individuals with disabilities can receive home and community-based services and supports in their towns, cities, and neighborhoods throughout America.” All of this came about as a result of a report/study by the senator’s office, in which Senator Harkin found” Chairman Harkin’s 2013 investigative report‎ showed that the integration mandate of the ADA, reinforced by the Supreme Court Olmstead ruling, still is not being met across the United States”. To better understand this quote, let us look further at the Olmstead ruling of 1999.

            To begin with, the Olmstead case had to do with two women in Georgia. They were voluntarily committed to a psychiatric wing of a hospital. The women had both mental and developmental disabilities. After their initial psychiatric treatment was complete, it was determined that they should be moved to a community-based program, rather than be confined to a nursing home or institution. Unfortunately for them, both remained in the hospital for several years until they filed suit under the ADA in 1999 for release from the hospital.

            This case was critical because it determined, where appropriate, community-based services should be sought over institutionally based services for people with disabilities. The senators’ proposed bill may provide hope for increased funding and fewer gaps in care for people with disabilities, but only time will tell.

 

http://www.disabilityscoop.com/2014/05/19/senator-strengthen-disability/19374/

http://www.ada.gov/olmstead/olmstead_about.htm

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