Disability Rights Activists Protest Governor Paterson

Governor David Paterson was greeted by protesters on his visit to Rochester, New York on January 26, 2010. Almost 100 disability rights activists protested outside the offices of WXXI, Rochester's National Public Radio station, where he was to answer questions from six upstate editorial board leaders.

The activists were angry because the Governor's proposed budget includes a cap on personal care services for people enrolled in the Consumer Directed Personal Assistance Program (CDPAP) who need more than twelve hours of attendant services per day. Many people in this program require up to 24 hours of attendant services. They all live in the community, and receive assistance at work, school, and recreation facilities, as well as at home.

Under the terms of the proposal, these individuals will be transferred to other programs and services such as traditional Certified Home Health Agencies (CHHAs), the Nursing Facility Transition and Diversion (NFTD) Waiver, or the Long Term Home Health Care Program (LTHHCP).

While the proposal appears innocuous, disability rights advocates say that this will force people with severe disabilities into costly nursing facilities because the programs that they will be transferred to do not meet their needs. I know from personal experience that most CHHAs will not accept clients with complex disabilities who require assistance with Activities of Daily Living, but who do not need skilled, or nursing care. Other programs have built in caps of eight to eleven hours of personal care service per day.

Particularly galling is the fact that once again, cuts are being proposed to a program that can save New York State millions of dollars. The CDPAP program does this by having the consumer direct his or her own care. They hire, train, schedule, and supervise their own attendants, who under the Nurse Practice Act, are authorized to perform tasks that otherwise would be carried out by nurses at a much higher cost.

There is also the potential of violation of the Americans with Disabilities Act, which states that people with disabilities have the right to receive services in the most integrated setting, and the Olmstead Supreme Court ruling, which says that unnecessary institutionalization is discrimination. Under Olmstead, institutionalization due to budget cuts in home care programs is discrimination.

During the protest, Governor Paterson spoke with the activists and said that he was willing to meet with them to discuss their alternative proposal. On February 1, 2010, 40 disabled activists from Rochester traveled to Albany to meet with state legislators to discuss issues of concern to the disability community. While there, several activists met with Governor Paterson. Although the meeting was fairly positive, it is unknown if the Governor will rescind that portion of his proposed budget.

Sources:

Personal Experience

Protesters Rally Against Proposed Cuts to Disability Services. YNN News, Rochester. http://rochester.ynn.com/all-regions-news-2134-content/top_stories/494273/protestors-rally-against-proposed-cuts-to-disability-services