: Budget cuts pose 'imminent danger' for severely disabled

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AutismLink ListServ wrote: Budget cuts pose 'imminent danger' for severely disabledBY CAROL MARBIN MILLERThe families of 15 developmentally disabled Floridians filed suit infederal court in Fort Lauderdale on Monday, claiming a state effortto reduce costs violates federal law and leaves fragile Floridians in``imminent danger.''The plaintiffs in the lawsuit, who are residents of the FortLauderdale-based Ann Storck Center, say the state Agency for Personswith Disabilities has cut important services such as nursing care fordisabled people with serious medical problems in an effort to savemillions of dollars in state money.The suit, filed in U.S. District Court, says the

the cutbacksthreaten the health and safety of people with severe disabilities andoften critical medical conditions. Without a halt to the cutbacks, thesuit says, some group homes will be forced out of business, sendingdisabled people into more expensive, archaic state institutions.'Denial of a necessary service may result in institutionalization,isolation or termination of [the residents'] participation incommunity life they could otherwise enjoy, and compromise theirhealth and safety,'' the lawsuit alleges. Hodges, a spokeswoman for the Agency for Persons withDisabilities in Tallahassee, declined to discuss the lawsuit Monday,saying state officials had not been served with the complaint as oflate Monday.Hodges said the Virginia-based company that oversees Florida'scost-control program, named Maximus, is certified by the federalgovernment, and ``uses trained medical professionals, includingphysicians,

dentists, registered nurses, certified behavior analystsand qualified mental retardation professionals, to conduct reviewsfor medically necessary supports and services.''Named in the lawsuit are the heads of the disabilities agency, theDepartment of Children & Families and the Agency for Health CareAdministration.At the heart of the dispute is a state program that allows oftenseverely disabled Floridians to live in their own homes, or in agroup home, and receive nursing care, therapy and psychologicaltreatment at taxpayer expense.* BAIT AND SWITCH?*In 1999, the Legislature declared it was the policy of the state toencourage Floridians with disabilities to live in home-like communitysettings and avoid state institutions, which often are considerablymore expensive. Federal law and well-accepted policy do not favor theuse of isolated, rural state institutions.According to the suit, however, disabled

Floridians were ''enticed''into group homes, only to see necessary services, such as nursingcare and supervision, removed. The cutbacks to Florida's home andcommunity services program have been so deep that many group homesare being forced out of business, the suit says.Kay Hale's 35-year-old son, , has lived at the Ann Storck Centersince 1994, when a state institution where he lived was closed. has a severe seizure disorder, and has been diagnosed with profoundmental retardation. He cannot speak, bathe, dress himself, or use thebathroom.* NO STANDARDS*The state said does not require one-on-one supervision, a claimboth his mother and the staff at Ann Storck dispute. Though isgiven anti-seizure drugs, he still suffers seizures, and has hurthimself many times -- including gashes to his head and face -- afterfalling down during a seizure. ''They say it is not necessary, but itis,'' said

Kay Hale, 60, of Pembroke Pines. ``There are people makingthese decisions who do not know, or see what's going on.''``I think it's our right to take good care of these children, becausethey are children forever. They never grow up mentally. They needcare.''Under federal law, Medicaid, the federal insurance program for theneedy and disabled, will pay for all services that are ''medicallynecessary.'' But, the suit claims, the state has set no standardsthat define what is medically necessary, and so the private companythat reviews patient records bases its decisions on ``nothing morethan a guess.''The family of 14-year-old Gaines won an appeal of a statecutback to 's care last year, but this year the state has againsought to reduce the number of hours is supervised.Without constant supervision, has knocked down heavyfurniture, colored walls and paintings, and struck out against

peoplewhen he is frustrated. Diagnosed with autism and a genetic disorder, obsessively places objects in his mouth, and is at great riskof choking.''You can't leave him alone at any time,'' said his mother,42-year-old Gaines of Coral Springs. ``You have to worryabout his temper. He is not verbal, and he gets very frustrated whenyou don't understand what he's saying.'' Join our listserv! Don't get your news second hand! Get LINKED! http://lists.autismlink.com/listsIf imitation is the highest form of flattery, we're flattered daily!