News and Alerts 2012
Disability Rights North Carolina
News and Alerts 2012
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.
PBH restores funding after court ruling Piedmont Behavioral Healthcare says it is restoring funding to 130 people after a district court judge said the group didn't properly notify them of changes. Director of Litigation, John Rittelmeyer, is quoted in an article in the Salisbury Post on 4/11/2012. Click here for a link to the story. Officials get permission to close Dix hospital North Carolina's oldest state mental hospital could be shuttered for good by this summer now that statewide elected leaders agreed Tuesday that the nearly two dozen remaining forensic patients can be moved to a more modern location. http://www.wral.com/news/state/nccapitol/story/10940061/ Ruling may affect N.C. services for the disabled A ruling by a federal District Court judge could have statewide implications for N.C. residents affected by developmental disabilities. Director of Litigation, John Rittelmeyer, is quoted in the story. Click here for the link to the story.And in the Winston-Salem Journal UPDATE Piedmont Behavioral Healthcare restores services to 450 developmentally disabled people Federal judge issues injunction for DRNC in NC Medicaid dispute Click here for the link to the story.
In a story about the coming deadline for the state to provide personal services to people with disabilities now in adult care homes, the Associated Press cited Disability Rights' role. http://www.jdnews.com/articles/personal-101653-services-thousands.html.
Court Grants Preliminary Injunction and Class Certification in North Carolina Medicaid Case
For Immediate Release March 29, 2012 Raleigh, North Carolina -- A federal District Court today ordered the State of North Carolina to halt reductions to home and community based services and restore lost services until the state Medicaid agency and its managed care contractor, Piedmont Behavioral Healthcare (PBH), comply with legal requirements for providing Medicaid beneficiaries with adequate notices and opportunities for impartial hearings when their services are denied, reduced or terminated. The Court noted that without an injunction, the plaintiffs -- children and adults with disabilities -- would experience deteriorating health, financial strains, and the threat of having to go into institutions to get care. "We are gratified by the court's thorough, careful analysis and hopeful that the state and PBH will quickly accept this decision and correct their illegal practices," said Doug Sea, an attorney at Legal Services of Southern Piedmont. "Scores of our most vulnerable citizens desperately need the services that have been taken away from them, without due process, to be promptly restored." Click here to read the full Press Release. PDF
Click here for PDF version of the Order in L.S., et al. v. Delia, et al.

Medicaid deadline jeopardizes residents of adult care home Thousands of families could soon be scrambling to find care for relatives living in the state's adult care homes if the state continues to violate federal rules as reported by the News and Observer. Executive Director Vicki Smith is quoted in the story. Click here for the link to the story. Also http://www.dailyadvance.com/ap/staten/nc-personal-care-services-thousands-may-end-989355, http://www.rrdailyherald.com/news/nc-personal-care-services-for-thousands-may-end/article_26e7a3fa-6dc1-11e1-b42f-0019bb2963f4.html, and many others.
Advocates: Dix sale should help mentally ill Executive Director Vicki Smith is quoted in the story. Read the full story at www.newsobserver.com.
Report critical of state's care of children with disabilities North Carolina News Network reported 1/12/2012 on Disability Rights NC Special Report
Report rips N.C. over mentally ill kids
The state is failing to make sure mentally ill children who have other disabilities get proper care. Click the link below to read more: http://www.newsobserver.com/2012/01/12/1771229/report-rips-nc-over-mentally-ill.html#storylink=cpy.
Special Report: December 2011 PDF
Kids Caught in a Double Bind
DOC
Kids Caught in a Double Bind (Alternate Format)

Report: State Failing Kids with Multiple Disabilities
Listen to the audio recording on WUNC 91.5. http://wunc.org/programs/news/archive/TVS011212.mp3/view
Study shows more disabled NC kids sent out-of-state
Associated Press (1/11/2012) Read the article.
PRESS RELEASE
FOR IMMEDIATE RELEASE News Conference:Wednesday, January 11, 2012 at 2:00 p.m. Offices of Disability Rights North Carolina 2626 Glenwood Avenue, Suite 550 Raleigh, NC 27608 Increasing Cases Show NC Children with Complex Disabilities Are Not Receiving Proper Care: Disability Rights North Carolina Calls for a Coordinated Approach from State Agencies January 10, 2012, Raleigh NC -- Disability Rights North Carolina is calling on state officials to provide necessary services to North Carolina's children with complex needs, following an investigation that revealed an appalling lack of available mental health services, leading to long waits in emergency rooms, hospitalizations or placements hours away from home, and institutionalization out-of-state. One 11-year-old child was subjected to excessive doses of medication leading to physical harm. Another was subjected to restraints in a state hospital that led to bruising on his arms, legs and torso. "These are not isolated cases. Sadly, they are examples of what happens everyday to North Carolina children with complex needs," said Vicki Smith, executive director of Disability Rights NC. "The state knows what to do, yet does not do it. Our children deserve better." Smith will be accompanied at the news conference by at least one of the parents. Other parents will be available by telephone. In all four cases, highlighted in a report about the investigation entitled, "Kids Caught in a Double Bind: North Carolina's Failure to Care for Children with Dual Disabilities," the children's experiences would have been different if the State's recently presented plan -- the System of Care model -- had been implemented. This plan requires community-based services be tried before more restrictive out-of-home placements. Funding cuts and a failure to hold the state's Local Management Entities (LMEs) accountable make implementation of the System of Care model nearly impossible. The report will be available at the news conference. Disability Rights NC calls for the State to hold the Local Management Entities accountable, ensure children with complex needs promptly receive medically necessary services, ensure that qualified providers are available throughout the State, and ensure that adequate residential services are available within the State. Contact: Vicki Smith, Executive Director Disability Rights North Carolina 919-856-2195 vicki.smith@disabilityrightsnc.org --END-- Disability Rights North Carolina is a 501(c)(3) nonprofit organization with offices in Raleigh and Asheville. Its team of attorneys, advocates, paralegals and support staff provide free advocacy and legal services for people with disabilities across North Carolina. Disability Rights North Carolina is the federally mandated protection and advocacy system for North Carolina.
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