TO: NDSC Members and Affiliated Parent Groups

FROM: Susan Goodman, Director
Governmental Affairs

DATE: November 5, 2007

RE: Friday’s Action Alert

We apologize for inadvertently omitting the information on the Alert sent out Friday asking members to stop House action on a bill that would violate the rights of people with disabilities and stop the progress that has been made in independent living in the community with supports. Below are three items:

• An Action Alert with Action Needed,
• Talking Points
• A copy of the bill

The first two items have been adapted from information sent out by the National Disability Rights Network.

Action Alert

BARNEY FRANK REINTRODUCES BILL THAT NARROWS RIGHTS OF PEOPLE WITH DISABILITIES
WE NEED TO KEEP HOUSE MEMBERS FROM SIGNING ON AS CO-SPONSORS

Rep. Frank (D-MA) has reintroduced his bill related to legal actions taken to address the conditions in or the closure of ICF-MRs (the term used for medium to large congregate settings for people with developmental disabilities). Although the language of the bill says it’s “To protect the interests of each resident of intermediate care facilities for the mentally retarded in class action lawsuits on behalf of such resident,” the bill would stop the progress that has been made in closing these facilities and moving people into their community into more natural settings with supports. Unfortunately, it has two co-sponsors Capuano (D-MA) and Moran (D-VA)

Representative Frank’s original bill specifically would have amended the Developmental Disabilities Act and put limits on all the actions of the Protection and Advocacy (P&A) network. Although this bill does not specifically name the P & A network, it still applies because the targets of the bill are identified as “no entity that receives funds from the Federal government may use such funds to file a class action lawsuit against an intermediate care facility for the mentally retarded . . .”

The bill was referred to the House Judiciary Committee.  You can find out the name of your Representative by going to www.congress.org and entering your zip code. Please let us know what response you receive at Susang1961@aol.com.

Action Needed

Contact each and every one of your House Members. The message is do not co-sponsor this bill (H.R. 3995) which would harm people with disabilities and deny them their rights.

Use the attached Talking Points below, if you wish.

Work in coalition with self-advocacy and other disability groups to show House Members that this bill is a step back 40 years and has no place in today’s world.

Talking Points on (HR3995) Introduced By Representative Frank

Abuse and neglect of individuals with developmental disabilities is a deplorable part of American history.

A federal response (The Protection and Advocacy System) was enacted in the 1970s to stop these horrible occurrences.

By having broad authority to pursue appropriate remedies, the Protection and Advocacy system has been instrumental in ensuring the protection of the rights of people with developmental disabilities.

Representative Frank’s bill will stop the forward progress being made in helping those individuals with developmental disabilities that desire to live in the community to do so.

Representative Frank’s bill will put at risk the safety of thousands of individuals with developmental disabilities by needlessly restricting the authority of the Protection and Advocacy system.

By allowing those that would prefer to speak on behalf of individuals with developmental disabilities to have the final say, even if different than the individual’s own desires, Representative Frank’s bill restricts the rights of individuals with developmental disabilities.

Society, the courts, and the Congress have been moving away from institutionalizing individuals with developmental disabilities to creating supports and services to allow these individuals to live full and productive lives in the community.

H.R. 3995

IN THE HOUSE OF REPRESENTATIVES
October 30, 2007
Mr. FRANK of Massachusetts introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To protect the interests of each resident of intermediate care facilities for the mentally retarded in class action lawsuits on behalf of such resident.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PROTECTING THE INTERESTS OF EACH RESIDENT OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED IN CLASS ACTION LAWSUITS ON BEHALF OF SUCH RESIDENT.

(a) In General- Notwithstanding any other provision of law, no entity that receives funds from the Federal government may use such funds to file a class action lawsuit against an intermediate care facility for the mentally retarded on behalf of any resident of such facility unless the resident (or, if there is a legal representative of the resident, such legal representative), after receiving notice of the proposed class action lawsuit, has the opportunity to elect not to have the action apply to the resident.

(b) Notices; Resident Right of Withdrawal From Lawsuit-

(1) PLAINTIFF NOTICE OF PROPOSED LAWSUIT TO FACILITY- If an entity uses funds from the Federal government to file a class action lawsuit against an intermediate care facility for the mentally retarded on behalf of residents of such facility, the entity shall provide notice of the proposed lawsuit to the facility at least 90 days before the date of filing of the lawsuit.

(2) FACILITY NOTICE OF PROPOSED LAWSUIT TO RESIDENTS- Not later than 30 days after the date the facility receives such notice, the facility shall provide notice of the proposed lawsuit to each resident of such facility on behalf of which the lawsuit is proposed to be filed and, if there is a legal representative of such a resident, to such representative.

(3) RESIDENT RIGHT TO WITHDRAW FROM LAWSUIT- A resident (or, if there is a legal representative of such a resident, the legal representative) may elect not to be part of such a proposed lawsuit by filing a notice of such decision with the facility within 60 days of the date the facility notifies the resident or legal representative of the proposed class lawsuit.

(c) Legal Representative Defined- In this section, the term `legal representative' means, with respect to a resident of an intermediate care facility for the mentally retarded, an individual who has been appointed under State law to be a legal guardian, conservator, or other representative for the resident and who is authorized under law to make decisions on behalf of the resident with respect to care and treatment of the resident in the facility.

(d) Effective Date- This section shall apply to lawsuits filed after the date of the enactment of this Act.

 
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We look forward to your comments and suggestions. Please send them to Susang1961@aol.com.