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Disabled, Elderly, Handicapped, etc., actions
These actions on Disabled Greens News and discussion:

Disabled, Elderly, Handicapped, etc., actions:

This petition on Disabled, Elderly: Acts:



AAPD's: Justice For All: National Disability Employment Awareness Month Explained: AAPD's Dana Fink and Sarah Amin Offer Information and Resources:
October is National Disability Employment Awareness Month (NDEAM), a national campaign that raises awareness about disability employment issues and celebrates the many and varied contributions of America's workers with disabilities. Each October the American Association of People with Disabilities (AAPD) commemorates NDEAM by organizing Disability Mentoring Day. In this guest blog, AAPD staff explain how Disability Mentoring Day provides opportunities for youth and other job seekers with disabilities to explore careers and connect to employers.

Lives Worth Living:
PBS Documentary Highlights the Disability Rights Movement's History and Renowned Advocate Fred Fay:


ADAPT: FW: Obama jeopardizing Medicaid:
New Republic: How Obama Is Jeopardizing Medicaid

by Pema Levy

October 5, 2011

Pema Levy is an assistant editor at The American Prospect.

In one of its many attempts to get its budget deficit under control, in 2008 California decided to cut its reimbursement rates to medical providers for poor and disabled persons enrolled in the state's Medicaid program. The result was that providers began to cut back on services, and pharmacists stopped filling prescriptions because the reimbursements came to less than the cost of the drugs. California, for all intents and purposes, was no longer upholding the federal mandate to provide Medicaid patients with "meaningful access" to care. Numerous lawsuits were filed against the state to reverse the cuts, and they are now consolidated into Douglas v. Independent Living Center of Southern California, the first case the Supreme
Court will hear today, on the first day of its new term.

As it stands, Douglas is no longer about Medicaid rates or "meaningful
access," but whether Medicaid beneficiaries and providers have the right to
sue the state to enforce federal Medicaid statutes - and, in a surprising
move, the Obama administration has sided with California, with the Deputy
Solicitor General arguing before the Court today that only the Department of
Health and Human Services should be able to enforce compliance with
Medicaid. "They want the prerogative of when and where to intervene in state
conduct matters," says Sara Rosenbaum, a law professor and health care
expert at George Washington University, venturing a guess as to the
administration's motives. California's backers also worry about
court-imposed payment schemes replacing state discretion, as well as a surge
in litigation.

But the Obama administration's position is a big mistake. Not only would
rolling back such private rights endanger patients and providers, it could
also impede the administration's own agenda. Because the ability of the
federal government to enforce its health care laws through HHS is limited,
it often relies on private lawsuits to keep states in check. In fact, the
success of the administration's signature policy achievement, the Affordable
Care Act, could depend on exactly the kind of action it's trying to rule

OF THE 32 MILLION Americans the Obama administration's Affordable Care Act
will eventually insure, almost half - 15 million - will gain insurance under
a massive Medicaid expansion by January 2014. The impact of the ACA, in
other words, depends on states complying with Medicaid requirements - the
very laws Douglas could effectively end the ability of private citizens to
enforce through legal action. Another scenario where you might see the ACA
falter is if a state took over responsibility for running a health-care
exchange, and then failed to comply with federal requirements in some way. A
ruling against providers and beneficiaries in Douglas therefore "limits the
options for enforcing the Affordable Care Act," says Timothy Jost, a law
professor at Washington and Lee University School of Law. "At this point the
assumption is that the states will implement it and that the federal
government will enforce it. The possibility to enforce implementation
[either through private actions or HHS] is a fall-back position. But in the
future, particularly if Obama loses the 2012 election, it narrows options
for making sure implementation goes through." Even under a Democratic
administration, however, leaving enforcement up to HHS is a disaster waiting
to happen. That's because, historically, HHS has a middling record of
enforcing Medicaid's rules. For instance, the California rate cuts that
launched the lawsuit in question are still in effect, points out Rochelle
Bobroff, Directing Attorney of the Federal Rights Project at the National
Senior Citizens Law Center. "The federal government never goes to court over
non-conforming state plans," says Bobroff. "They just don't do it." More
importantly, HHS is largely limited to one, very poor enforcement mechanism:
the ability to cut off all Medicaid funding to a noncompliant state. If the
threat of a cutoff doesn't scare a state into compliance, following through
would only end up hurting the Medicaid recipients HHS is trying to help.
Under a president Bachmann or Perry and their HHS Secretary, says Jost,
"you'd have a situation where [the ACA] was basically unenforceable with
regard to the Medicaid expansion."

Moreover, the ACA is just one piece of the possible collateral damage from a
ruling in favor of California. Under a broad ruling, a whole swath of
federal requirements could be endangered. "Every state out there is waiting
to see what happens in Douglas to cut access," says Rosenbaum. "The litany
of what kind of bad state conduct could be unleashed is long because the
only weapon against it is the risk of injunction. The theory that there's no
right of action will carry over out of the Medicaid Act."

One area where states would likely begin to move in response to a victory
for California is in cutting federal money - like Medicaid and Title X
funding-that's currently directed to abortion clinics and Planned
Parenthood. The ability of beneficiaries and providers to stop state laws
seeking to defund clinics would likely be impeded, allowing backers of the
proverbial "war" on abortion and contraception to score a major victory. And
with an especially broad ruling, says Steven Shapiro, legal director for the
ACLU, "there would be consequences for a wide-ranging variety for civil
liberties and civil rights litigation [including] state and local
immigration cases."

This all depends, of course, on if the state of California wins in Douglas,
and then how broad the Court's ruling actually is. The poor tools at HHS's
disposal are partly a result of the fact that the government has
historically relied heavily on private actions to enforce federal laws. For
this reason it seems unlikely that the Court will take away private
citizens' cause of action altogether, as a broad ruling would overturn a
large number of cases and go against decades of established jurisprudence.
But on the other hand, a narrow ruling seems likely. "It's hard to be
optimistic with 32 states and the federal government [on the other side];
this is going to be a difficult case to win," says Bobroff. "Given this
Supreme Court and its hostility to plaintiffs," Jost notes, "it's

It's important to note that the Obama administration is taking a more
moderate position and is asking the Court for a narrow ruling on the
Medicaid Act alone. But its decision to back the state of California over
private beneficiaries and providers is still baffling for heath care
advocates and experts. Even a narrow ruling could impede the implementation
of health care reform. "I have no idea what they were thinking, but it's a
major disappointment," says Shapiro. "They went against their historic and
the legally correct position." Indeed, when the Supreme Court was deciding
whether to hear Douglas, the administration's position was that private
actions were important to carrying out federal law. When the Court took up
the case, however, the administration performed a remarkable about-face.
"There's a huge amount riding on this case," says Rosenbaum, "and the
ironies here are phenomenal."
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NATIONAL ADAPT MAILING LIST- Adapt Community Choice Act List



AAUW: Your Health or Your Job?:
For too many American workers, the choice between their health and their job is one they are forced to face every time they or a family member gets sick. That's because nearly half of all private-sector workers in this country -- millions of Americans -- don't have the right to earn paid sick days. Fortunately, we can help change that, just as the city council of Seattle did for Seattle residents this month. Take Action!

Urge your representative to keep America's working families healthy and economically secure by cosponsoring the Healthy Families Act (S.984/H.R. 1876).

U.N.: ENABLE NEWSLETTER: Special Edition on the Fourth session of the Conference of States Parties:
August-September 2011

The Enable Newsletter is prepared by the Secretariat for the Convention on the Rights of Persons with Disabilities (SCRPD) at the United Nations Department of Economic and Social Affairs (DESA) with input from UN offices, agencies, funds and programmes, as well as from civil society. It is also available online at:

In this issue:

- Status of the Convention on the Rights of Persons with Disabilities (CRPD)

- Highlights from the UN system

- Upcoming events

- Other news

W.T.W.: Tell Congress to End Violence Against Women:
As we honor Domestic Violence Awareness Month here in the U.S., it is important to remember that violence against women and girls is an epidemic that knows no boundaries and respects no borders. Worldwide, the statistics are staggering: one in three women is a victim of violence. In some countries, rates of sexual violence reach 70%.

Tell Congress to make ending violence against women a top priority.

Non-profits websites to: get phone #`s of, email, fax, your political representatives, write letters to editors, etc.:


Public Citizen: Actions:

Citizen Works: Actions:

The Green Party of the United States:

disabledgreens, yahoo group of: Disability Caucus of the US Green Party:

Related Link: