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ADA Archives - JUSTICE IN AGING

Advocacy Groups Sue State of Florida for Violating the Americans with Disabilities Act

By | News Releases, Newsroom

A class action lawsuit filed today against Florida’s Agency for Health Care Administration asserts that the state’s management of its Medicaid long-term care system violates Title II of the Americans with Disabilities Act. By perpetuating the institutionalization and segregation of older adults and people with disabilities and severely limiting their access to community-based services, the state forces people to unnecessarily enter nursing facilities to get care.

Justice in Aging, a national non-profit legal advocacy organization that fights senior poverty, and Southern Legal Counsel, a Gainesville, Florida-based, statewide nonprofit law firm, filed the suit on behalf of their clients, who are on the state’s waiting list for home-based long-term-care services and are currently at risk of unnecessary and unwanted institutionalization. Disability Rights Florida, private attorney Nancy Wright, and lawyers from the firm of Cozen O’Connor are co-counsel. Read More

Advocate Guide: Accessibility in Medicaid Managed Care

By | Advocate's Guide, Health Care, Medicaid, mltss

States require managed care plans who serve Medicaid enrollees to establish and maintain an internal grievance and appeal and fair hearing system. As states begin to incorporate new federal regulations into their Medicaid rules, there’s opportunity for advocates to help shape those rules to ensure that older adults and people with disabilities have equal access to the grievance and appeal and state fair hearing systems, as mandated by Section 504 of the Rehabilitation Act (“Rehab Act”), the Americans with Disabilities Act (“ADA”), and Section 1557 of the Affordable Care Act (“ACA”).

Disability Rights Education and Defense Fund (DREDF), Justice in Aging and National Health Law Program (NHeLP) collaborated on a new Advocates Guide to Accessibility in Medicaid Managed Care Grievances, Appeals, and State Fair Hearing. This new Advocates’ Guide, provides guidance on how the federal framework can be made fully accessible to Medicaid beneficiaries who are older and/or have disabilities.

Links to three accessible versions of the guide can be found below.

 

Wheelchairs Prohibited in the Last Place You’d Expect

By | IN THE NEWS

The New York Times: Wheelchairs Prohibited in the Last Place You’d Expect (April 30, 2018) A lawsuit was filed in New York against a number of assisted living facilities for  discrimination against people in wheelchairs and for violating the Fair Housing Act, the Americans with Disabilities Act and other federal laws. The facilities had all been found denying potential residents because they use wheelchairs. Part of the problem is that assisted living facilities are mainly regulated by the states, and many state laws are out of date and do not comply with federal non-discrimination law. Justice in Aging attorney Eric Carlson noted for the article that the percentage of assisted living facilities covered by Medicaid is growing.