Our Vision Statement: Disability Rights California will create individual and family supports, chosen and directed by the person with a disability

The Burton Blatt Institute

The Disability Law & Policy e-Newsletter, Vol 6, No. 9

Two cases involving Disability Rights Califiornia were featured in the latest e-Newsletter.

F. INDEPENDENCE: News for and about the Independent Living Movement

1. California Courts Reverse Governor's Budget Cuts

A U.S. District Court Judge has ruled that the state of California cannot make its anticipated cuts to In Home Supportive Services (IHSS) because doing so would cause substantial harm to an estimated 130,000 elderly with disabilities. Cuts in the IHSS program were scheduled for November 1. Approximately 40,000 individuals would have lost all homecare services, and about 90,000 more would have had their services severely cut. IHSS has been able to help individuals in need of services in their homes as opposed to having to live in nursing homes or other institutions. The lawsuits also claimed that the cuts would violate federal laws that require individualized needs assessments to determine appropriate service provision, and a blanket cut undermines the individualization that is required.

Full Story: Disability Rights California, Judge Halts Homecare Cuts, Disability Rights California, Oct. 19, 2009, available at
http://www.disabilityrightsca.org/

Additionally, U.S. District Judge Saundra Brown Armstrong ordered California to halt its cuts to the Adult Day Health Care (ADHC) program unless their poor, elderly clients with disabilities are provided other services through MediCal to prevent their institutionalization for health services. The budget cuts are part of an agreement reached by the Legislature and Gov. Arnold Schwarzenegger to help relieve California's multibillion dollar deficit. Judge Armstrong reasoned the elderly plaintiffs are at high risk of requiring hospitalization, and this risk could violate the plaintiffs' rights under the ADA. ADHC centers provide nursing, psychiatric, and social services to thousands of low-income seniors with disabilities.

Full Story: Josh Richman, Judge orders halt to Adult Day Health Care cuts, Oakland Tribune, Sept. 10, 2009, available at
http://www.insidebayarea.com/search/ci_13310257?IADID=Search-www.insidebayarea.com-www.insidebayarea.com