News and Alerts 2011
Welcome to the news room for Disability Rights NC, where we invite you to read recent news releases and learn about media coverage, as well as have access to our newsletters.
IN THE NEWS
NC a state of shame (12/15/2011) Read the Opinion in the Asheville Citizen Times.
Federal judge has stepped in to protect the rights of thousands of disabled North Carolina residents, including dozens of people in Charlotte. Disabled NC residents fight for funding. (Video and Story 12/9/2011)
Candler home featured in report prompting U.S. Department of Justice to question how N.C.'s mentally ill are housed - Read the article in the Carolina Public Press.
The position of Disability Rights in transferring of mental health care under Medicaid from the state to the counties was cited in an N&O story. http://statevoices.salsalabs.com/dia/track.jsp?v=2&c=8bWrIDyqJyTYlYrRcHVGkJ8YdQxyCzZa
A guest column in the Durham Herald Sun written by Sen. Ellie Kinnaird noted Disability Rights' federal complaint forcing the state to stop housing mentally ill patients in adult care homes. http://statevoices.salsalabs.com/dia/track.jsp?v=2&c=E4bKIF5WHSzIOS1XVzyq5Z8YdQxyCzZa
And in a Winston-Salem Journal story, which also ran in the Greensboro News & Record http://statevoices.salsalabs.com/dia/track.jsp?v=2&c=tCJWOP6WuSPIOS1XVzyq5Z8YdQxyCzZa as well as the Charlotte Observer/N&O. http://statevoices.salsalabs.com/dia/track.jsp?v=2&c=RxNLjfNJUQHIOS1XVzyq5Z8YdQxyCzZa
A supportive editorial in the Winston-Salem Journal cited Disability Rights' role http://statevoices.salsalabs.com/dia/track.jsp?v=2&c=9e1aWIyJ8A%2FIOS1XVzyq5Z8YdQxyCzZa. As did an editorial in the N&O, which also ran in the Charlotte Observer. http://statevoices.salsalabs.com/dia/track.jsp?v=2&c=j%2BlSe0c43TJnZSDrS%2F%2FGZw%3D%3D.And the AP: http://statevoices.salsalabs.com/dia/track.jsp?v=2&c=WYdC2S%2FX0%2F%2FIOS1XVzyq5Z8YdQxyCzZa
"Of course we're disappointed we couldn't go forward at this time, but we feel Chatham must be able to go to school with Ayden," Stiles said. Lawsuit against Catawba County Schools dismissed. (Hickory Daily Record 8/19/2011)
NC's mentally ill could face loss of homes (WCNC.com 8/15/11) http://www.wcnc.com/home/NCs-mentally-ill-could-face-loss-of-homes-127682588.html, msnbc.msn.com, and also the charlotteobserver.com.
State in violation of ADA, feds say(The Carrboro Citizen 8/4/11)
State must find better places for mentally ill (8/3/11) http://www.charlotteobserver.com/2011/08/03/2499757/state-must-find-better-places.html. Better settings (8/2/11) http://www.newsobserver.com/2011/08/02/1384143/better-settings.html
"We couldn't be happier" with the decision, said John Rittelmeyer, litigation director for Disability Rights North Carolina. The decision is proof "that the state of North Carolina can do a lot better in offering people with mental illness the choice of living in the community and not in a large institutional setting like an adult care home," he said. Read the story by the Associated Press: NC mentally ill get help from feds (7/29/11),WRAL.com, Winston-Salem Journal (7/30/11)
AP NewsBreak: Feds say NC must place mentally ill in communities instead of adult care homes News Channel 3; Enquirerherald.com; Citizens-Times.com; Winston-Salem Journal, and many others.
US Department of Justice Finds NC's Reliance on Adult Care Homes as Housing for People with Mental Illness Is a Violation of the Americans with Disabilities
After an eight-month investigation, the U.S. Department of Justice (DOJ) has issued a letter of findings accusing the State of North Carolina of violating the Americans with Disabilities Act (ADA) by unnecessarily institutionalizing mental health patients instead of providing support in the community. The DOJ's investigation was prompted by a complaint filed in July 2010 by Disability Rights North Carolina, the state's protection and advocacy agency for people with disabilities.
Press Release 7/29/11Lawsuit targets "arbitrary" NC Medicaid changes (Disability Rights Galaxy 7/11/11) Click here for the link to the story. NC Advocates sue for people with disabilities, Click here.
Lawsuit: Budget cuts could have wide-ranging effect on disability services. (7/7/11 Winston-Salem Journal)
North Carolina News Network, Advocates sue over changes to Medicaid funding formula (7/6/11), Disability Rights NC files lawsuit in federal court.
Disability Rights NC Files Federal Lawsuit Challenging Due Process Practices of Model for Statewide Expansion of Medicaid Waiver
What Is A Class Action?
A class action is a lawsuit brought by one or more named plaintiffs on behalf of a large group of others who have a common legal claim. Class actions allow lawyers to vindicate the rights of a large group of people, some of whom may not even know they have been harmed.
After the complaint is filed, the judge must certify the case as a class action. A judge will certify the class if four requirements are met: (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
The judge will make a decision on class certification before the substantive issues in the case are examined. If the judge denies the plaintiffs' request to certify the class, the lawsuit will proceed but only the named plaintiffs will be able to recover damages and/or have their rights restored.
Lawyers with Disability Rights North Carolina, Legal Services of Southern Piedmont, and the National Health Law Program are representing the plaintiffs in the lawsuit.
Shrinking Medicaid - Margaret Drew of Charlotte is one of 12 state Medicaid recipients who are suing the North Carolina Department of Health and Human Services for a policy change that threatens to strip them of in-home assistance. Executive Director, Vicki Smith, stated "The Americans with Disabilities Act says people with disabilities have the legal right to services in the most integrated setting possible that's reasonable. Living in your own home with low-level support is a reasonable service." Click the link below to read the NC Lawyers Weekly story.
Eugenics Victims Speak (WUNC.org). Public Policy Analyst Corye Dunn spoke briefly on behalf of the clients of Disability Rights NC who were sterilized as part of the eugenics program. She was quoted in Rose Hoban's piece on NPR: http://wunc.org/programs/news/archive/NRH062311.MP3/view (6/23/11)
Advocates for disabled vow to sue over budget cuts (wral.com 6/23/11) http://www.wral.com/news/local/politics/story/5419839/?print_friendly
Editorial: Mental health issues linger on (news-record.com). The fallout from the state's ill-conceived changes in providing treatment for the mentally ill continues as reported in the article. Read the editorial printed 6/21/11.
Mergers reducing number of agencies likely to oversee mental-health services (Winston-Salem Journal). Executive Director Vicki Smith said people with chronic disability needs "are justifiably nervous about the waiver process." (6/13/11)
In an article by the News and Observer, as many as 1,200 North Carolina adults who are mentally ill could soon be put out of rest homes and assisted living centers, as federal Medicaid regulators start enforcing a long-standing law that prohibits housing too many such residents alongside elderly people. Read more: Mentally ill could lose housing in adult care centers (6/10/11)
Suit seeks to stop cuts in home care for disabled people, http://m.newsobserver.com/observer/db_1443/contentdetail.htm?contentguid=Fdg2pBNa&detailindex=0&pn=3&ps=3&full=true (6/1/11)
CLASS ACTION CHALLENGES CUTS TO PERSONAL CARE SERVICES PROVIDED TO 4,000 INDIVIDUALS WITH DISABILITIES
Lawyers with Disability Rights North Carolina, Legal Services of Southern Piedmont, and the National Health Law Program are representing the plaintiffs in the lawsuit.
Starting today, people with disabilities who have been getting support to live at home will start losing their services. Lawsuit over cuts for people with disabilities (6/1/11 WUNC).
Mental health management changes ok'd by NC House (5/31/11 WRAL). Also covered by MSNBC http://www.msnbc.msn.com/id/43237004, Yahoo.com, Digtriad.com, Nola.com, WECT.com, StateGovernmentRadio.com, Forbes.com, Winston-Salem Journal. Also picked up by CNBC, SC Enquirer-Herald, Fort Mills Times, as well as other media outlets.
"Securing a subsequent placement is the most essential piece of a safe and orderly discharge," said Annaliese Dolph, director of public policy for Disability Rights North Carolina. Read The Cary News article Responsibility for deteriorating residents may shift (5/4/11).
This week, WUNC examines a persistent problem for mentally ill people in North Carolina - housing.
Mental health reformers have repeated their intention to move people out of large institutions toward treatment options closer to home. But even as people have left hospitals, local resources have not kept pace. That means in North Carolina, many people with mental health disabilities live in adult care homes designed for frail elderly people. Now the U. S. Justice Department is investigating this situation. Read the weeklong series, North Carolina Voices: Mental Health Disorder. April 18-22, 2011
Disability Awareness Day at the Generaly Assembly 3/22/2011 - Progressive Pulse noted the role of Disability Rights NC.
Suit: Service dog belongs in school.
Catawba County Schools is facing a federal lawsuit from the family of a pre-kindergarten student alleging the child's service dog is not allowed in class with him. Disability Rights NC attorney Holly Stiles was interviewed 3/20/2011. Read more. Also reported in the Hickory Daily Record 3/18/2011 - District sued over not allowing service dog in school. Also NBC17.com.
Read the WCNC story http://www.wcnc.com/news/local/Family-sues-to-get-sons-service-dog-in-school-118057864.html
School Bars Disabled Boy's Service Dog. 3/16/2011courthousenews.com.
Family sues to send dog to class. Service dog has been trained to calm the tantrums of disabled 4-year old boy. John Rittelmeyer, Director of Litigation at Disability Rights NC, was interviewed by the Charlotte Observer 3/15/2011. Read the story.
Disability Rights North Carolina finds it alarming that CCME is assessing patients who aren't eligible, while qualified patients are waiting weeks, if not months, for an assessment. Click the link to read the story and listen to the video. Critic: Medicaid program problem not an isolated incident.WRAL.com 1/25/2011
Vicki Smith quoted in The Daily Tarheel 1/24/2011 NC Disability groups oppose new rule allowing community colleges to reject potentially dangerous applicants.
DHHS Rolls Out New Plan To Help NC Mental Health Patients - Annaliese Dolph quoted in the NBC.com article.
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