NDSC Governmental Affairs Newsline
March 12, 2009, 2009

Dear NDSC Members and Friends,

Outrage at Abuse at Texas Institution

Appropriate outrage has been displayed at the abusive and potentially criminal actions of employees of a Texas state institutions for persons with mental disabilities who forced residents into fight clubs for the entertainment of the employees. According to a video released, residents of a Corpus Christi state institution for people with intellectual disabilities were being forced to fight for the amusement of night shift employees.

According to reports, the disturbing videos show residents being kicked and prodded to fight while employees laugh. Residents say they were told they might be beaten or sent to prison if they refused to fight.

We have heard from many members who say "how can this happen?

In an interview with PatriciaEBauer News and Commentary on Disability Issues, Curtis Decker, Executive Director of the National Disability Rights Network states in response to a "How can this happen?" question from Ms. Bauer. Decker states:

"Texas relies on these large facilities with 400 or 500 people each. There's an absolute refusal to consider alternative ways of providing care to these people. They rely on these big congregate facilities that we know from across the country don't work, can't work. Then we get these examples and horror stories of neglect, and they say oh my goodness, what are we supposed to do? It's a complicated question. A lot of forces want to keep these places open.

Traditionally, the organized disability community spent tons of time and energy trying to convince policymakers that these places are outdated, outmoded, dangerous and ought to be closed. And some states have gotten away from using them. A few states, Texas being among the worst, seem to be beholden to certain forces that want to keep them open.

There's lots of forces that want to keep these places open - forces like the intractable bureaucracy. Then there are the unions who have an interest in making sure their members continue to have their jobs. They're a very important force at the state level. And there are family members who think these places are the only place their children can live, which I think is misguided.

There is also a lot of pressure from the community. Some of these places are in depressed and rural areas, and they are like a company town. They can be the only source of business around. So there is a lot of pressure to keep these places open."

(To read the entire interview go to http://www.patriciaebauer.com/2009/03/11/decker-on-texas-institutions/.

Reportedly, the personnel involved in the criminal activity have been charged with felonies in Corpus Christi, Texas. Not only do individuals who commit these outrageous criminal actions need to be prosecuted, states need to be accountable for the ways in which its facilities, paid for with public funding are treating people with disabilities.

Sources tell us that the U.S. Department of Justice is entering into an agreement to upgrade institutions in the state of Texas to ensure the safety of residents. It is critical that the current residents of these facilities are in a safe environment.

However, NDSC has strongly supported passage of the Community Choice Act (HR 1670/S.683) that would give residents of these facilities the opportunity to live in small community settings with the appropriate services and supports. We also strongly advocate for the inclusion of consumer controlled, community based long term supports and services and removal of the institutional bias from Medicaid funding. As a result of the efforts of many national organizations, including NDSC, Congress received over 7500 calls on this issue and initial indications are that the issue will be addressed in health care reform legislation. We need to keep the pressure on! (See May 12th Action Alert below .)

NDSC Activities

NDSC is an active member of the APRAIS coalition, a group of national organizations organized to end the practices of abuse, restraint, seclusion against individuals with disabilities.

As a result of the efforts of these groups, a Governmental Accounting Office (GAO) report conducted an investigation and issued a report on the seclusion and restraint in schools. To read the GAO report, go to: http://www.gao.gov/new.items/d09719t.pdf.

Susan Goodman, NDSC Governmental Affairs director, attended a Congressional hearing convened by Congressman George Miller (D.CA), Chairman of the House of Representatives Education and Labor committee which highlighted the seriousness of this problem. The Congressman expressed outrage at the widespread use of restraint, seclusion and abuse in public schools.

To see the witness testimony, go to http://edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml

NDSC is a member of the School Success for All Coalition, a group of national organizations which are working towards the use of Positive Behavior Intervention Supports in all schools.

Part of these efforts include work towards the reintroduction of the Positive Behavior for Effective Schools Act which is expected to happen soon.

NDSC will also be represented at a White House meeting on restraint and seclusion in schools on May 26th. We will report on the outcome of this meeting in a future Newsline.

May 12 Action Alert

Received from the Consortium for Citizens with Disabilities Long-Term Supports and Services Task Force

National Call-In Day May 13:
Message
Ensure Long-Term Services and Supports are Included in Health Care Reform

Background
In coming weeks, the Senate will finalize legislation to reform America's health care system. Long-term services and supports are essential to individuals with disabilities and seniors and must be included in health insurance reform efforts. Consider the following:

• While over 48 million Americans do not have medical insurance, over 250 million Americans lack any insurance protection for the costs of long-term supports and services. Medicaid requires individuals to impoverish themselves to receive supports.
• There is an institutional bias within Medicaid that denies Americans with disabilities an equal choice for home and community services.
• Hundreds of thousands of individuals with disabilities and their families are on waiting lists for Medicaid home and community-based services.

Proposals exist to help address these issues. However, they will only be included within health care reform legislation if Congress hears from you. Aging and disability organizations have joined together to host a national call-in day on Wednesday, May 13. Please join thousands of others across the country in calling your Senators to tell them how important it is to include long-term services and supports. Your calls can make a difference!

Call-In Information
When: Wednesday, May 13 (Between 8AM and 6PM EDT)
Call-In Number: 1-866-459-9232 (Toll Free)

You will be asked which state you are calling from and will be connected to your Senators' offices.

Below is a sample script to leave a message.

Hello (state your name and where you are calling from). I'm calling to ask the Senator to help make sure long-term services and supports are part of health care reform. Long-term services and supports are essential to the health, well-being, and community participation of individuals with disabilities and seniors. Please ensure long-term services and supports are included in legislation to reform health care.

Thank you.

If you have questions or comments about this Newsline, please contact Susan Goodman at susan@ndsccenter.org.