Disabled sue FL in federal court over wait list

[Guest guest]

I know they are approving people off the wait list through the crisis tool. In 2010 my son was moved off the waitlist onto the waiver as well as 2 other families I know. The wait list needs to be removed as services provided as needed. I know that many families are no longer even applying for the waiver as they believe they will never get it.

Lawsuit is long overdue.  Some grim statistics:  Over 40% of people found eligible for waiver services are stuck on the frozen wait list.  1500 of them are over the age of 45.  In Fiscal year 2006/2007 funding to move people from waitlist to services stopped.  Only 10 wait listed individuals that year were offered services. In the 2007/2008 the number was 4 individuals. In 2008/2009, the number was zero.  2009/2010.....zero.  2010 to date....zero.  Only crisis cases see funding........and since Jan 2009, not a single crisis individual has been a person on the wait list.   What does that tell us about the uncounted!

As of January 1, 2011, the official APD count of waitlisted individuals is 19,460.  Of those, over 40 % have been waiting over 5 years......some as long as 11. There is no effective working plan to provide funding for those on the wait list.   At what point is " waiting "   simply  the denial of services? Are we there yet?

[Guest guest]

The word is no longer "waiting" but NEGLECT!

Subject: Re: Disabled sue FL in federal court over wait listTo: sList Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this! Sent from my MetroPCS Wireless Phone

[Guest guest]

I just sent an email to them, asking what we can do to help this cause. From what I can see, the suit was filed for the North Florida district, so I'm not sure if this could benefit us down here in South Florida. When I hear something, I will share with the group.

Subject: Re: Disabled sue FL in federal court over wait listTo: sList Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this! Sent from my MetroPCS Wireless Phone

[Guest guest]

This is class action lawsuit. "Determine that the thing can and shall be done, and then we shall find the way." -Abraham Lincoln

To: sList From: meandmyraingirl@...Date: Tue, 29 Mar 2011 08:04:04 -0700Subject: Re: Re: Disabled sue FL in federal court over wait list

I just sent an email to them, asking what we can do to help this cause. From what I can see, the suit was filed for the North Florida district, so I'm not sure if this could benefit us down here in South Florida. When I hear something, I will share with the group.

Subject: Re: Disabled sue FL in federal court over wait listTo: sList Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this! Sent from my MetroPCS Wireless Phone

[Guest guest]

The following email response may upset some people and it is probably going to anger some legislators and maybe even some advocates, but it is long overdue and I apologize up front, if this upsets you, but it is time someone stated what is really going on in Florida and how it is getting worse every day. I hope that most of you will understand its intent and do what you can in your own way to let the legislature and the governor know that things cannot continue the way they are going.

I wonder if the Advocacy Center (Disability Rights Florida) is looking at the historical data on the original 1999 lawsuit against the state and the fact that at that time, over 15,000 were on the waiting list and supposedly, they all received services. I doubt that is the case and it would be interesting to know how many that are now on the wait list are the same folks that were on it back when the lawsuit was settled by then Governor Jeb Bush?

Furthermore, many families were on the original wait list for 10 years or more (my daughter included) and only received services after Judge Ferguson started fining the state $10,000 a day for being in contempt of court and denying services. The state then settled the suit.

The state of Florida has a long history of only responding to lawsuits, rather than being proactive. The current legislative body appears to only be concerned about balancing the budget and not who it will affect.

I sympathize with the current individuals and their families that are on the waiting list, but the state is also pitting the individuals that are currently receiving services against the individuals on the waiting list. The proposed cuts to existing individuals are slated to go to help those on the waiting list. This is wrong. Nobody seems to care that it is wrong, but it is. Why should the people who waited years on the original wait list have to give up needed services to help reduce the current wait list? The state of Florida should start doing what it is supposed to do and fund the people who need it (those on the waiting list and the ones that are currently receiving services) and fund them appropriately. Do what Judge Ferguson ruled they should do years ago. But no, we have to cut corporate tax rates further and cut quality of care and implement HMO's so the insurance industry can control not only the quality of the care, but control every decision based on profit or loss.

We are supposed to be the most generous society in the world. People in the US donate more money than any other country and when a disaster hits, like in Haiti, Chili or Japan, we are there and we give millions and millions to assist. What about assisting our own citizens? What about taking care of the least fortunate here at home? We have a catastrophe going on right here in Florida, but it isn't a hurricane, earthquake or fires, it is the under funding of medicaid, medicaid waiver, nursing homes and mental health care.

The HMO/Managed Care model is only to cut costs. It is not to provide better care. Today's Orlando Sentinel had an article on how the legislature and the Governor want to limit the ability and effectiveness of the in dependant advocates (ombudsman) who go into nursing homes to monitor care levels and address abuse complaints and sub par care. Do we really think that the state has the best interest of the elderly, disabled and the least fortunate among us, at heart? I was born at night, but it wasn't last night. Remember, many of the people in nursing homes have disabilities.

In another article they are trying to limit the ability for Medicaid patients to sue for malpractice or subpart care by hospitals and doctors. I am all for trying to limit frivolous law suits and loopholes to keep from having the legal system cost us all exorbitant amounts of money, but again, who do they go after to limit the exposure? The most vulnerable in our society. I guess this proves the point that if you are on Medicaid, your life is worth less than if you have a job and health insurance. And I guess if you have a disability and are on Medicaid, your life is worth even less. I am sorry if I am offending anyone, but the truth hurts and if you happen to have a disability and cannot hold a job, it hurts even worse.

Does anybody see what is happening? Does anybody care? If so, then you need to start calling and emailing and faxing and showing up in Tallahassee and telling the leadership that this isn't acceptable anymore. Tell them to stop balancing the budget on the backs of the least fortunate. The United States has always been the land of opportunity, but in Florida it is true only if you don't cost society money. If you cannot contribute to the tax base, then your not worthy of the benefit. Not true? Then why does the current leadership want to cut funding for the disabled and some even threaten to drop Medicaid altogether and lose hundreds of millions of dollars of Federal match money. When will the madness stop? I have lived in Florida since 1967 and I must say that I am ashamed to say I am a Floridian for the first time in my life. The legislature and the Governor expect nobody to give them any grief, except the paid lobbyists and the large corporations that reap the benefits of all of this. It is time to show them who actually voted them into office. It is time to stand up and be counted and show them that you really do matter and that you are not going to sit by and watch as they continue to eat away at your very existence. Stop looking for everyone else to do it for you.

Regards,

Ven Sequenzia

Re: Disabled sue FL in federal court over wait list

To: sList

Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this!

Sent from my MetroPCS Wireless Phone

[Guest guest]

Ven,

Your email is well written, and I can understand your frustration about cutting back in services, I would be upset too in your shoes. However, in the case of my child and many others out there, she hasn't received a penny from the state, so honestly my personal fight will be more towards those currently on the list not receiving ANYTHING as opposed to those who have at least benefitted from some type of service, even if it wasn't what it should be.

At the end of they day, ALL of our children diagnosed with a developmental disability should be getting this service. Not one versus the other.

Thanks.

Annette

Subject: Re: Disabled sue FL in federal court over wait listTo: sList Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this! Sent from my MetroPCS Wireless Phone

[Guest guest]

Ven, Not upset or anger. And hoping this will not anger you. I totally agree that most do not get involved with legislation etc. and almost worse is some that do act are relying on misleading information. Failing to act or personally finding info objectively might probably be because parents are trying to hold day to day lives together and hope for advocates to do what needed. Not agreeing, just observing. But, after that I must correct on some points. Re: reducing services to people on waiver to pay for services of those on wait list ......... well, consider view that it is the other way around - because 19,000+ individuals get budgets of zero they (just as disabled, just as eligible) are

"paying" substantially towards the cost plans of the already funded; they are paying by foregoing services ..... their budgets are $000. In other words, my adult daughter is contributing to the funding for yours because mine takes nothing from the pot of money the State has allocated for funding. Yet, altho some of her funding comes at our expense, we are not angry at your daughter .... pls do not be angry at mine for trying to get help she desperately needs. The problem is really the insufficient allocation of money by the State. Please do not blame those disabled individuals now saying how many years with nothing! Blaming the victims? Blaming even the 1500 people over age 45 frozen with nothing and no prospects until their parents die. I know you do not mean that - just frustration at how bad the situation has gotten.

Re: what has been allocated: you are not correct in that any of what is there already is being slated toward the wait listed.

None of the present methods of funding will spend one dollar on the wait list:

Not one penny of "savings" from the I-budgets is slated to go towards the waitlist. All "savings" will be consumed by the same individuals already funded as some will have budgets that increase and some will have budgets that decrease and the i-budgets financial structure requires $$ reserves for further/future needs of those already in the program. This from DeBeaugrine directly. This from APD directly. If your child is on the waitlist, do not expect to ever be funded until your child is in crisis. Homeless, incapacitated/dead parents, danger, ordered to receive services by the criminal justice system. You know this. And then your child will wind up who knows where (nursing home, possibly......this is already happening), with whom?, without any benefit of parents around to object or help the transition. This is the nightmare

of the parents with older adults who are frozen on the wait list.

Also, re the HMO proposals - no one expects that after the insurance companies siphon off their 15% guaranteed profits that there will be "excess" profits that could possibly be freed up to enroll more individuals. Remember: all currently funded persons and all crisis people will have to be enrolled.....there will be no extra anything for anyone stuck in waitlist. It is way preposterous to believe that if HMO without a carve out occurs, insurance companies will be rebating any "excess" profits to fund individuals from the list. There will be no "excess" profits.......count on it. Every person with developmental disability will lose with HMO .... every person, funded and wait listed.

Some one asked why now a lawsuit?

Maybe because Florida has so clearly shown that they have NO real plan at all to fund the wait list. Only crisis need apply. In fact, no one from wait list funded for years. People who got funding went from application to funding via the crisis tool. Again this from APD directly. Sending link.

I am horrified to agree that how money is allocated reflects how government regards people with disabilities.........a lower priority than corporations taxes? insurance companies? Executive salaries and perks?

What will it take. Doing nothing and waiting has gotten things worse. Doing nothing has assisted the legislature in accomplishing this neglect. What would more waiting accomplish. The lawsuit is years overdue.

Binh

To: sList Sent: Tue, March 29, 2011 1:52:46 PMSubject: Re: Re: Disabled sue FL in federal court over wait list

The following email response may upset some people and it is probably going to anger some legislators and maybe even some advocates, but it is long overdue and I apologize up front, if this upsets you, but it is time someone stated what is really going on in Florida and how it is getting worse every day. I hope that most of you will understand its intent and do what you can in your own way to let the legislature and the governor know that things cannot continue the way they are going.

I wonder if the Advocacy Center (Disability Rights Florida) is looking at the historical data on the original 1999 lawsuit against the state and the fact that at that time, over 15,000 were on the waiting list and supposedly, they all received services. I doubt that is the case and it would be interesting to know how many that are now on the wait list are the same folks that were on it back when the lawsuit was settled by then Governor Jeb Bush?

Furthermore, many families were on the original wait list for 10 years or more (my daughter included) and only received services after Judge Ferguson started fining the state $10,000 a day for being in contempt of court and denying services. The state then settled the suit.

The state of Florida has a long history of only responding to lawsuits, rather than being proactive. The current legislative body appears to only be concerned about balancing the budget and not who it will affect.

I sympathize with the current individuals and their families that are on the waiting list, but the state is also pitting the individuals that are currently receiving services against the individuals on the waiting list. The proposed cuts to existing individuals are slated to go to help those on the waiting list. This is wrong. Nobody seems to care that it is wrong, but it is. Why should the people who waited years on the original wait list have to give up needed services to help reduce the current wait list? The state of Florida should start doing what it is supposed to do and fund the people who need it (those on the waiting list and the ones that are currently receiving services) and fund them appropriately. Do what Judge Ferguson ruled they should do years ago. But no, we have to cut corporate tax rates further and cut quality of care and implement HMO's so the insurance industry can control not only the quality of the

care, but control every decision based on profit or loss.

We are supposed to be the most generous society in the world. People in the US donate more money than any other country and when a disaster hits, like in Haiti, Chili or Japan, we are there and we give millions and millions to assist. What about assisting our own citizens? What about taking care of the least fortunate here at home? We have a catastrophe going on right here in Florida, but it isn't a hurricane, earthquake or fires, it is the under funding of medicaid, medicaid waiver, nursing homes and mental health care.

The HMO/Managed Care model is only to cut costs. It is not to provide better care. Today's Orlando Sentinel had an article on how the legislature and the Governor want to limit the ability and effectiveness of the in dependant advocates (ombudsman) who go into nursing homes to monitor care levels and address abuse complaints and sub par care. Do we really think that the state has the best interest of the elderly, disabled and the least fortunate among us, at heart? I was born at night, but it wasn't last night. Remember, many of the people in nursing homes have disabilities.

In another article they are trying to limit the ability for Medicaid patients to sue for malpractice or subpart care by hospitals and doctors. I am all for trying to limit frivolous law suits and loopholes to keep from having the legal system cost us all exorbitant amounts of money, but again, who do they go after to limit the exposure? The most vulnerable in our society. I guess this proves the point that if you are on Medicaid, your life is worth less than if you have a job and health insurance. And I guess if you have a disability and are on Medicaid, your life is worth even less. I am sorry if I am offending anyone, but the truth hurts and if you happen to have a disability and cannot hold a job, it hurts even worse.

Does anybody see what is happening? Does anybody care? If so, then you need to start calling and emailing and faxing and showing up in Tallahassee and telling the leadership that this isn't acceptable anymore. Tell them to stop balancing the budget on the backs of the least fortunate. The United States has always been the land of opportunity, but in Florida it is true only if you don't cost society money. If you cannot contribute to the tax base, then your not worthy of the benefit. Not true? Then why does the current leadership want to cut funding for the disabled and some even threaten to drop Medicaid altogether and lose hundreds of millions of dollars of Federal match money. When will the madness stop? I have lived in Florida since 1967 and I must say that I am ashamed to say I am a Floridian for the first time in my life. The legislature and the Governor expect nobody to give them any grief, except the paid lobbyists and the

large corporations that reap the benefits of all of this. It is time to show them who actually voted them into office. It is time to stand up and be counted and show them that you really do matter and that you are not going to sit by and watch as they continue to eat away at your very existence. Stop looking for everyone else to do it for you.

Regards, Ven Sequenzia

RE: Re: Disabled sue FL in federal court over wait list

This is class action lawsuit. "Determine that the thing can and shall be done, and then we shall find the way." -Abraham Lincoln

[Guest guest]

Annette,

I think you missed my point, so I am going to elaborate further. I agree that your child should receive services. I also think my adult child should receive services. The legislature needs to fully fund developmental disabilities and stop the game playing.

What I don't agree with, is taking services away from someone who waited 10+ years to get them, to fund the person that is on the wait list. Furthermore, you say no big deal to cut funding to one to allow some funds to be spent on the other wait list child. On the surface that seems okay. Problem is, you cannot provide appropriate services to either, if you don't fund either one appropriately. If your point became reality, then your child could be taken off of the wait list, provided services, then denied those services in order to facilitate taking another person off of the wait list. That just doesn't make sense.

The legislature, governor and all the other powers that be, pit one group against the other. All of us need to communicate to them that we are not going to stand for it or allow it anymore.

What do you do if you want to take the focus off of the fact that this state has never funded persons with disabilities appropriately? You divert the attention to the people who are getting services and you get the people who aren't, to be upset with them. The state has been sued and lost and settled and still continue to play games with the funding and we have a waiting list larger than the one when my daughter was on it.

What do you do if you want to get everyone up in arms about the funding situation? You blame it on everyone else, except where the problem is. Who is the problem? The legislature continuing to under fund our population and blaming it on everything but what it really is. We cannot continue to cut taxes and provide the appropriate services to the most vulnerable people in our society. Many people think that our population is just milking the system and really don't need the funds. Shocking as that may sound, it is true. If anything is going to change, we need to do a better job of educating the general public and the legislature. The legislature isn't going to change their opinion, because they don't fear our population. They fear the insurance company lobby, the business lobby, the health care lobby. All of those lobbies raise huge amounts of money for candidates and their political action committees (PACS). They have so much power that they can actually get rid of a legislator in an election or get one elected that they want in office.

If you are Governor , you spend $70 million of your own money to get everyone to believe in you. The fact that he was the CEO of Columbia Healthcare when they were charged with Medicaid fraud and fined $1.7 billion dollars and nobody has a problem with that and actually elected him to office, should be the most ludicrous thing you have ever heard, but nobody seems to care. Now he is Governor and is going to tell you that you cannot have funding for your child because he has to give tax breaks to the businesses that helped him get elected. Take a look at the article link below about how Governor ran HCA and his involvement in the scandal and tell me that he has any right to judge how anything is done in this state?

http://miamiherald.typepad.com/nakedpolitics/2010/06/rick-scotts-role-in-columbiahca-scandal.html

We may not have a lot of money, but we have thousands of families throughout the state. Question is where are they when it hits the fan? I know many don’t have the funds to travel. I know many don’t have the ability to leave their child to come to Tallahassee. But, many do have the ability to come and many have the money to travel. Where are they? I am not wealthy. I have been advocating for over 25 years for free and I will continue to do so until I am six feet under. I have probably lost more income than I have made all these years because of my volunteering and advocacy. I am not saying this for a pat on the back or recognition. I am saying it because we need everyone that can do this to do it and even if that is only 10% of the total families out there, we could clog the halls of the capitol and the elevators and the offices of the leadership and then, maybe they would wake up and realize that we matter. That our kids and adults with disabilities matter. Everyone is so damn worried about upsetting the legislators. I am tired of worrying about upsetting anyone. I will take a line from an old movie. I am mad as hell and I am not going to take it anymore. Has anyone else had it?

The only thing we have is the power of our numbers. The issue is getting everyone to write, call, email and come to Tallahassee and sit in the Governor's office or the President of the Senate's office or the Speaker of the House's office and be willing to sit there until they realize that we are not going away and realize that we are a force in this state. Until that happens, we will continue to get cut and treated as lessor human beings. Is this harsh? Yes. Is it true? Yes. I will get a lot of grief for writing this and that proves all the more that I have struck a nerve. If there is no truth to it, then it will fall away like everything else that is unimportant.

Regards,

Ven Sequenzia

Regards,

Ven Sequenzia

Re: Disabled sue FL in federal court over wait list

To: sList

Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this!

Sent from my MetroPCS Wireless Phone

[Guest guest]

Binh,

Thank you for your reply. I am not upset or angry with you or any of the other 19,000+ on the wait list. I am mad at the legislature and the governor. I think that we all should be mad at them. Please read my reply to Annette on this list. I had already typed up that response before reading your reply.

I may have some facts wrong on the APD information, but some of the things you stated came from APD, I heard differently. Also, Jim is no longer in charge of APD and things are changing rapidly. I wouldn't be surprised if everything we have heard up until now changes 10 times over before the end of the session.

As for the HMO issue. I agree 100%. Anyone who tells you that they are going to use excess profits to fund the wait list is living on Fantasy Island with Montalbon and Tattoo.

I also agree that our children and adults with disabilities are the lowest on the totem pole in the legislators' and governors' minds. We have to change that. We need to have people show up in mass. Lastly, I stated the same thing about under allocation of funds for our kids. We have continually been told that we should be happy with what we get. We shouldn't complain, because they will cut more funds. You know what, I think we should all show up with our kids and leave them in the legislators' offices and just walk out the door. When they say where are you going? You turn around and say, I cannot take care of my child because the state has him on a wait list or I cannot because you cut my child's funding so much I cannot find a provider so, you give it a try. If I wasn't so concerned about my daughter's well being, I would do just that.

Regards,

Ven Sequenzia

RE: Re: Disabled sue FL in federal court over wait list

This is class action lawsuit.

"Determine that the thing can and shall be done, and then we shall find the way."

-Abraham Lincoln

[Guest guest]

I know that I am a skeptic but does anyone actually believe that our current governor or the present legislature that holds the majority care about the disabled. Unless, forgive me for saying this, if someone very close to them is diagnosed and they do not have the health insurance provided to governmental employees then will they act with a conscience. For how many years have we written letters, called, picketed. Why can we not go after their purse strings - the lobbyists and corporations that fund their coffers?

To: sList Sent: Tue, March 29, 2011 7:21:09 PMSubject: Re: Disabled sue FL in federal court over wait list

Ven, Not upset or anger. And hoping this will not anger you. I totally agree that most do not get involved with legislation etc. and almost worse is some that do act are relying on misleading information. Failing to act or personally finding info objectively might probably be because parents are trying to hold day to day lives together and hope for advocates to do what needed. Not agreeing, just observing. But, after that I must correct on some points. Re: reducing services to people on waiver to pay for services of those on wait list ......... well, consider view that it is the other way around - because 19,000+ individuals get budgets of zero they (just as disabled, just as eligible) are "paying" substantially towards the cost plans of the already funded; they are paying by foregoing services ..... their budgets are $000. In other words, my adult

daughter is contributing to the funding for yours because mine takes nothing from the pot of money the State has allocated for funding. Yet, altho some of her funding comes at our expense, we are not angry at your daughter .... pls do not be angry at mine for trying to get help she desperately needs. The problem is really the insufficient allocation of money by the State. Please do not blame those disabled individuals now saying how many years with nothing! Blaming the victims? Blaming even the 1500 people over age 45 frozen with nothing and no prospects until their parents die. I know you do not mean that - just frustration at how bad the situation has gotten.

Re: what has been allocated: you are not correct in that any of what is there already is being slated toward the wait listed.

None of the present methods of funding will spend one dollar on the wait list:

Not one penny of "savings" from the I-budgets is slated to go towards the waitlist. All "savings" will be consumed by the same individuals already funded as some will have budgets that increase and some will have budgets that decrease and the i-budgets financial structure requires $$ reserves for further/future needs of those already in the program. This from DeBeaugrine directly. This from APD directly. If your child is on the waitlist, do not expect to ever be funded until your child is in crisis. Homeless, incapacitated/dead parents, danger, ordered to receive services by the criminal justice system. You know this. And then your child will wind up who knows where (nursing home, possibly......this is already happening), with whom?, without any benefit of parents around to object or help the transition. This is the nightmare

of the parents with older adults who are frozen on the wait list.

Also, re the HMO proposals - no one expects that after the insurance companies siphon off their 15% guaranteed profits that there will be "excess" profits that could possibly be freed up to enroll more individuals. Remember: all currently funded persons and all crisis people will have to be enrolled.....there will be no extra anything for anyone stuck in waitlist. It is way preposterous to believe that if HMO without a carve out occurs, insurance companies will be rebating any "excess" profits to fund individuals from the list. There will be no "excess" profits.......count on it. Every person with developmental disability will lose with HMO .... every person, funded and wait listed.

Some one asked why now a lawsuit?

Maybe because Florida has so clearly shown that they have NO real plan at all to fund the wait list. Only crisis need apply. In fact, no one from wait list funded for years. People who got funding went from application to funding via the crisis tool. Again this from APD directly. Sending link.

I am horrified to agree that how money is allocated reflects how government regards people with disabilities.........a lower priority than corporations taxes? insurance companies? Executive salaries and perks?

What will it take. Doing nothing and waiting has gotten things worse. Doing nothing has assisted the legislature in accomplishing this neglect. What would more waiting accomplish. The lawsuit is years overdue.

Binh

To: sList Sent: Tue, March 29, 2011 1:52:46 PMSubject: Re: Re: Disabled sue FL in federal court over wait list

The following email response may upset some people and it is probably going to anger some legislators and maybe even some advocates, but it is long overdue and I apologize up front, if this upsets you, but it is time someone stated what is really going on in Florida and how it is getting worse every day. I hope that most of you will understand its intent and do what you can in your own way to let the legislature and the governor know that things cannot continue the way they are going.

I wonder if the Advocacy Center (Disability Rights Florida) is looking at the historical data on the original 1999 lawsuit against the state and the fact that at that time, over 15,000 were on the waiting list and supposedly, they all received services. I doubt that is the case and it would be interesting to know how many that are now on the wait list are the same folks that were on it back when the lawsuit was settled by then Governor Jeb Bush?

Furthermore, many families were on the original wait list for 10 years or more (my daughter included) and only received services after Judge Ferguson started fining the state $10,000 a day for being in contempt of court and denying services. The state then settled the suit.

The state of Florida has a long history of only responding to lawsuits, rather than being proactive. The current legislative body appears to only be concerned about balancing the budget and not who it will affect.

I sympathize with the current individuals and their families that are on the waiting list, but the state is also pitting the individuals that are currently receiving services against the individuals on the waiting list. The proposed cuts to existing individuals are slated to go to help those on the waiting list. This is wrong. Nobody seems to care that it is wrong, but it is. Why should the people who waited years on the original wait list have to give up needed services to help reduce the current wait list? The state of Florida should start doing what it is supposed to do and fund the people who need it (those on the waiting list and the ones that are currently receiving services) and fund them appropriately. Do what Judge Ferguson ruled they should do years ago. But no, we have to cut corporate tax rates further and cut quality of care and implement HMO's so the insurance industry can control not only the quality of the

care, but control every decision based on profit or loss.

We are supposed to be the most generous society in the world. People in the US donate more money than any other country and when a disaster hits, like in Haiti, Chili or Japan, we are there and we give millions and millions to assist. What about assisting our own citizens? What about taking care of the least fortunate here at home? We have a catastrophe going on right here in Florida, but it isn't a hurricane, earthquake or fires, it is the under funding of medicaid, medicaid waiver, nursing homes and mental health care.

The HMO/Managed Care model is only to cut costs. It is not to provide better care. Today's Orlando Sentinel had an article on how the legislature and the Governor want to limit the ability and effectiveness of the in dependant advocates (ombudsman) who go into nursing homes to monitor care levels and address abuse complaints and sub par care. Do we really think that the state has the best interest of the elderly, disabled and the least fortunate among us, at heart? I was born at night, but it wasn't last night. Remember, many of the people in nursing homes have disabilities.

In another article they are trying to limit the ability for Medicaid patients to sue for malpractice or subpart care by hospitals and doctors. I am all for trying to limit frivolous law suits and loopholes to keep from having the legal system cost us all exorbitant amounts of money, but again, who do they go after to limit the exposure? The most vulnerable in our society. I guess this proves the point that if you are on Medicaid, your life is worth less than if you have a job and health insurance. And I guess if you have a disability and are on Medicaid, your life is worth even less. I am sorry if I am offending anyone, but the truth hurts and if you happen to have a disability and cannot hold a job, it hurts even worse.

Does anybody see what is happening? Does anybody care? If so, then you need to start calling and emailing and faxing and showing up in Tallahassee and telling the leadership that this isn't acceptable anymore. Tell them to stop balancing the budget on the backs of the least fortunate. The United States has always been the land of opportunity, but in Florida it is true only if you don't cost society money. If you cannot contribute to the tax base, then your not worthy of the benefit. Not true? Then why does the current leadership want to cut funding for the disabled and some even threaten to drop Medicaid altogether and lose hundreds of millions of dollars of Federal match money. When will the madness stop? I have lived in Florida since 1967 and I must say that I am ashamed to say I am a Floridian for the first time in my life. The legislature and the Governor expect nobody to give them any grief, except the paid lobbyists and the

large corporations that reap the benefits of all of this. It is time to show them who actually voted them into office. It is time to stand up and be counted and show them that you really do matter and that you are not going to sit by and watch as they continue to eat away at your very existence. Stop looking for everyone else to do it for you.

Regards, Ven Sequenzia

RE: Re: Disabled sue FL in federal court over wait list

This is class action lawsuit. "Determine that the thing can and shall be done, and then we shall find the way." -Abraham Lincoln

[Guest guest]

I don't believe they care at all. They announced last week that those on the waiver are on a cost plan freeze. A cost plan freeze means additional services can not be requested.

AGENCY FOR PERSONS WITH DISABILITIES

3-25-11

Talking Points - Cost Plan Freeze

1.    The

Agency has a projected deficit $170 million in the home and community based

waiver program for FY 2010-11.

2.    The

agency is invoking its authority under chapter 393.0661(7) and (8), F.S. in

consultation with AHCA to significantly address the deficit in the home and

community based services waiver program in the most expeditious  by taking immediate action to reduce

expenditures  for this fiscal year. 

3.    Cost

Plan Freeze:

·        

The agency has taken immediate action to

freeze cost plans at the current approved amount for current waiver enrollees

unless the individual is in a crisis situation as defined by rule, i.e.,

homeless, dangerous to self or others, and caregiver unable to give care. 

·        

The ABC system will be coded to ensure cost

plan increases cannot be made at the local level.  The ABC system will be down for maintenance

from 6:00 p.m., March 25, 2011 to midnight March 25, 2011 to accomplish this

task.

·        

It is imperative that the Waiver Support

Coordinator identify and access any natural and community resources to meet the

individual’s changing needs. 

Additionally, services must be reallocated within the current approved

cost plan amount to meet the individual’s needs.  These requirements apply to any request for

increased services whether or not the crisis criteria are met. 

·        

The agency will work with waiver support

coordinators and individuals to ensure health and safety needs are immediately

addressed.

·        

 Any

concerns regarding health and safety not resolved through the new procedures

for request for service increases should be immediately addressed with the area

administrator or designee in the area office.

·        

Any service requests pending at APS as of

March 11, 2011, will be returned to the area office for review based on the new

cost plan freeze procedures.

·        

Any service requests pending in the area

offices must be processed using the cost plan freeze procedures.

·        

New crisis waiver enrollment will be

processed in the normal manner.

 

I know that I am a skeptic but does anyone actually believe that our current governor or the present legislature that holds the majority care about the disabled.  Unless, forgive me for saying this, if someone very close to them is diagnosed and they do not have the health insurance provided to governmental employees then will they act with a conscience.  For how many years have we written letters, called, picketed.  Why can we not go after their purse strings - the lobbyists and corporations that fund their coffers?

[Guest guest]

Ven,

Just to clarify, I did not say "no big deal" to cut funding to one to allow some funds to be spent on the other wait list child. I do not think we should cut any service to any child. I think we should provide service to ALL families.

You say your child waited 10 years to finally get services, if I knew for a fact that after 10 years my child would get service, then I would see your point, but the problem is that the way things stand now, my child will NOT get ANY service regardless of the number of years she is on the waitlist. The ONLY way she can get service is if I die or we become homeless. Well, fortunately for me I am a healthy middle age woman and we are not in danger of losing our home due to the 45+ hours a week that I work to support us. Fortunate for me, but not for my daughter. Assuming I live another 30 to 40 years, that is pretty much the timeframe of when my child will get any service. That is not fair, that is not right.

So in my shoes, I see your group that has at least benefited from some type of service even if it's not the best, but the kids on the waitlist will not get anything. So, you will probably disagree with me, but from my point of view, I think the bigger issue now is to get everyone some type of service. Something is better than nothing. That was the point I was trying to make.

I do however, agree with you regarding the legislature needs to provide more funding. That is the only way to get everyone the help they need.

Oh, I am well aware of Rick 's Medicaid fraud issues, I did not vote for him.

Annette

Subject: Re: Disabled sue FL in federal court over wait listTo: sList Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this! Sent from my MetroPCS Wireless Phone

[Guest guest]

Annette,

When my daughter was on the wait list, it seemed like we were never going to get any services either. I understand the frustration all too well. FYI, I went through a lawsuit with APD two years ago after they cut my daughter's funding 60%. After hearings and two years of uncertainty we settled and her funding was cut by 40%. Furthermore, I spent several thousand dollars on an attorney. So, my daughter already had her funding cut significantly and the current round of proposed cuts will be an additional 10 - 20% cut. With all that being said, your child will still not be off of the wait list and my daughter's existing living situation may be in jeopardy.

The solution is to make the state fully fund the Waiver and stop cutting services. At the rate we are going, there will be no providers left in the state.

Everyone who can participate in the process needs to start doing so. The funding cuts are not going to magically go away because we want them to. I am going to Tallahassee to try and stop the bleeding. I cannot do it myself.

Regards,

Ven Sequenzia

President

Autism Society of America

State of Florida Chapter

Re: Disabled sue FL in federal court over wait list

To: sList

Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this!

Sent from my MetroPCS Wireless Phone

[Guest guest]

Ven, you are more articulate than I may ever be. Would you possibly write up an email that others can cut, paste & add to to be sent to as many legislators and the governor ie: what G. has done previously. We can then add our stories, pictures or whatever but still have the crucial pieces that you point out in the body of the email. Thanks. Cheryl

To: sList Sent: Tue, March 29, 2011 11:58:54 PMSubject: Re: Re: Disabled sue FL in federal court over wait list

Annette,

I think you missed my point, so I am going to elaborate further. I agree that your child should receive services. I also think my adult child should receive services. The legislature needs to fully fund developmental disabilities and stop the game playing.

What I don't agree with, is taking services away from someone who waited 10+ years to get them, to fund the person that is on the wait list. Furthermore, you say no big deal to cut funding to one to allow some funds to be spent on the other wait list child. On the surface that seems okay. Problem is, you cannot provide appropriate services to either, if you don't fund either one appropriately. If your point became reality, then your child could be taken off of the wait list, provided services, then denied those services in order to facilitate taking another person off of the wait list. That just doesn't make sense.

The legislature, governor and all the other powers that be, pit one group against the other. All of us need to communicate to them that we are not going to stand for it or allow it anymore.

What do you do if you want to take the focus off of the fact that this state has never funded persons with disabilities appropriately? You divert the attention to the people who are getting services and you get the people who aren't, to be upset with them. The state has been sued and lost and settled and still continue to play games with the funding and we have a waiting list larger than the one when my daughter was on it.

What do you do if you want to get everyone up in arms about the funding situation? You blame it on everyone else, except where the problem is. Who is the problem? The legislature continuing to under fund our population and blaming it on everything but what it really is. We cannot continue to cut taxes and provide the appropriate services to the most vulnerable people in our society. Many people think that our population is just milking the system and really don't need the funds. Shocking as that may sound, it is true. If anything is going to change, we need to do a better job of educating the general public and the legislature. The legislature isn't going to change their opinion, because they don't fear our population. They fear the insurance company lobby, the business lobby, the health care lobby. All of those lobbies raise huge amounts of money for candidates and

their political action committees (PACS). They have so much power that they can actually get rid of a legislator in an election or get one elected that they want in office.

If you are Governor , you spend $70 million of your own money to get everyone to believe in you. The fact that he was the CEO of Columbia Healthcare when they were charged with Medicaid fraud and fined $1.7 billion dollars and nobody has a problem with that and actually elected him to office, should be the most ludicrous thing you have ever heard, but nobody seems to care. Now he is Governor and is going to tell you that you cannot have funding for your child because he has to give tax breaks to the businesses that helped him get elected. Take a look at the article link below about how Governor ran HCA and his involvement in the scandal and tell me that he has any right to judge how anything is done in this state?

http://miamiherald.typepad.com/nakedpolitics/2010/06/rick-scotts-role-in-columbiahca-scandal.html

We may not have a lot of money, but we have thousands of families throughout the state. Question is where are they when it hits the fan? I know many don’t have the funds to travel. I know many don’t have the ability to leave their child to come to Tallahassee. But, many do have the ability to come and many have the money to travel. Where are they? I am not wealthy. I have been advocating for over 25 years for free and I will continue to do so until I am six feet under. I have probably lost more income than I have made all these years because of my volunteering and advocacy. I am not saying this for a pat on the back or recognition. I am saying it because we need everyone that can do this to do it and even if that is only 10% of the total families out there, we could clog the halls of the capitol and the elevators and the offices of the leadership and then, maybe they would wake up and

realize that we matter. That our kids and adults with disabilities matter. Everyone is so damn worried about upsetting the legislators. I am tired of worrying about upsetting anyone. I will take a line from an old movie. I am mad as hell and I am not going to take it anymore. Has anyone else had it?

The only thing we have is the power of our numbers. The issue is getting everyone to write, call, email and come to Tallahassee and sit in the Governor's office or the President of the Senate's office or the Speaker of the House's office and be willing to sit there until they realize that we are not going away and realize that we are a force in this state. Until that happens, we will continue to get cut and treated as lessor human beings. Is this harsh? Yes. Is it true? Yes. I will get a lot of grief for writing this and that proves all the more that I have struck a nerve. If there is no truth to it, then it will fall away like everything else that is unimportant.

Regards, Ven Sequenzia

Regards, Ven Sequenzia

Re: Disabled sue FL in federal court over wait listTo: sList Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this! Sent from my MetroPCS Wireless Phone

[Guest guest]

That is funny you mention leaving our kids in the legislature's office for a little while because I was thinking almost the same thing. I was thinking about going to Tallahassee like you suggested and bringing my soon to be 5 year old with me and laugh as he rips their offices to shreds. Boy would that be a slap of reality for them!

RE: Re: Disabled sue FL in federal court over wait list

This is class action lawsuit.

"Determine that the thing can and shall be done, and then we shall find the way."

-Abraham Lincoln

[Guest guest]

I have actually done that in several Legislative District offices. This was

several years ago but it does get their attention and has a lasting effect.

Your Representatives and Senators offices are not far from your homes. Even with

session on staff is probably there, especially in your Senators office. You

don't have to go to Tallahassee to be seen and heard, and you don't have to wait

for session to be effective.

You won't get to meet the Legislator with session on but staff should listen to

what you have to say, and they will pass your concerns along.

Regardless of what happens this session think about scheduling a meeting with

your Representative and Senator and bringing your child. If you want to take it

to the next step also visit the adjoining Districts Representatives and

Senators.

Broward has predominately Democrat Legislators, so try and visit a Republican

Legislator if you can, they hols all the power in Tallahassee.

They all vote on things that will directly effect you, so don't let them tell

you you have to live in the District to be heard.

Find them all here:

http://www.myflorida.com/taxonomy/government/legislative%20branch/

Steve

>

> That is funny you mention leaving our kids in the legislature's office for a

little while because I was thinking almost the same thing. I was thinking about

going to Tallahassee like you suggested and bringing my soon to be 5 year old

with me and laugh as he rips their offices to shreds. Boy would that be a slap

of reality for them!

>

[Guest guest]

I think you should do that and so should all the other families that come. Bring every child and adult with a disability and walk into the governor's office, speaker's office and senate president's office and drop off everyone tell them that your services were cut and there is nobody to watch your child and they are now going to have to it for them. Have a good day.

Regards,

Ven Sequenzia

President

Autism Society of America

State of Florida Chapter

RE: Re: Disabled sue FL in federal court over wait list

This is class action lawsuit.

"Determine that the thing can and shall be done, and then we shall find the way."

-Abraham Lincoln

[Guest guest]

Steve,

while it is true that we shouldn't wait for session to become active and visit legislators, etc. It is imperative that anyone who can get to Tallahassee this week, do so. It is the worst I have ever seen it and it isn't going to get any better.

I am reading the Sunday Orlando Sentinel and there is a full page of who the cuts are going to effect and not one mention of developmental disabilities, APD cuts or the fact that many programs are going to close because of what the Governor did this week.

If you think someone else is going to do it for you, you are wrong. You need to get involved and yes you need to do it year round, not just during session, but we are in a war right now and if only a platoon shows up when we need a battalion, then we won't be as effective.

Regards,

Ven Sequenzia

President

Autism Society of America

State of Florida Chapter

Re: Disabled sue FL in federal court over wait list

I have actually done that in several Legislative District offices. This was several years ago but it does get their attention and has a lasting effect.

Your Representatives and Senators offices are not far from your homes. Even with session on staff is probably there, especially in your Senators office. You don't have to go to Tallahassee to be seen and heard, and you don't have to wait for session to be effective.

You won't get to meet the Legislator with session on but staff should listen to what you have to say, and they will pass your concerns along.

Regardless of what happens this session think about scheduling a meeting with your Representative and Senator and bringing your child. If you want to take it to the next step also visit the adjoining Districts Representatives and Senators.

Broward has predominately Democrat Legislators, so try and visit a Republican Legislator if you can, they hols all the power in Tallahassee.

They all vote on things that will directly effect you, so don't let them tell you you have to live in the District to be heard.

Find them all here:

http://www.myflorida.com/taxonomy/government/legislative%20branch/

Steve

>

> That is funny you mention leaving our kids in the legislature's office for a little while because I was thinking almost the same thing. I was thinking about going to Tallahassee like you suggested and bringing my soon to be 5 year old with me and laugh as he rips their offices to shreds. Boy would that be a slap of reality for them!

>