Disability Law Suit vs. Utah Department of Health

Disability Law Suit vs. Utah Department of Health

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Marisa Devitry started this petition to Utah State Legislatures

Disability Law Center has a lawsuit against the state of Utah regarding Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF-ID's). An ICF-ID provides a comprehensive, individualized health care plan and rehabilitation services to promote an active treatment lifestyle. Active treatment refers to the consistent implementation of teaching skills to increase an individual's independence. ICF-ID's assist the individuals who reside there to work in the community with supports, transportation to school, and further vocational training. ICF-ID's also provides 24 hour medical care; access to occupational therapy, physical therapy, speech therapy, recreation therapy, social services, and dietary services.

The Disability Law Center has filed a class action lawsuit against the Utah Department of Health. The lawsuit alleges the state is violating the Americans with Disabilities Act. The lawsuit alleges the state has an obligation to devise a plan to get individuals out of ICF-ID's. ICF-ID Administration always wants what is best for the individual, a less restrictive setting is always a priority. However, this lawsuit was a "one size fits all" type of deal. They took the voices away from individual's that have lived and thrived in ICF-ID's and their families. ICF-ID's serve a purpose for many individuals with meeting their complex needs. Many individuals that reside in ICF-ID's have profound intellectual disabilities, require assistance with mobility, have complex seizure interventions, receive their nutrition through a gastrostomy enteral tube and the individual is dependent on others for complete and total care. The individual needs constant supervision for their health and safety. Community settings cannot handle this type of caseload and the individual would likely end up living in a skilled nursing facility where they would not have access to active treatment, be able to interact with their peers or have community access.

ICF-ID's honor people's choices and their dignity. If an individual does not want to live at an ICF-ID their opinion is valued and another setting is sought out that meets their needs. Due to limitations with funding other housing services are not always an option. ICF-ID's have been and will continue to work with DSPD services until funding is available for other housing options. The transition process is flawed and every individual deserves to live where they choose.

The Disability Law Center lawsuit is seeking to take away the choice of individuals with disabilities that reside in ICF-ID's by having individuals move out of their home and into the community where they may not receive all the services that they require.

ICF-ID's encourage family and community involvement. Individuals can get assistance for learning vocational skills to get appropriate jobs. Individuals attend school and inclusion in mainstream classes is encouraged. Individuals utilize Utah ParaTransit for safe transportation. Recreation services provide access to a variety of community activities such as camping; river rafting, amusement parks, library, sporting events, concerts, shopping, etc. ICF-ID's provide a quality life experience for each individual based on their desires.

We need to share our voice that ICF-ID's serve a purpose. Every individual gets to exercise their right to choose where they want to live.

Please contact Craig Devashrayee by phone at (801)-538-6641, by FAX at (801) 538-6099, or by email at cdevashrayee@Utah.gov, or mail at PO Box 143102 Salt Lake City, Utah 84114-3102.

All comments need to be submitted by 5:00pm on June 14, 2019

 

0 have signed. Let’s get to 1,500!
At 1,500 signatures, this petition is more likely to get picked up by local news!