In the last decade, the federally funded class action lawyers, often aided and abetted by the ARCs (which are also multimillion dollar service providers), have sued various states to either close down facilities or remove severe to profoundly disabled people with developmental disabilities from ICFs or nursing homes. Many of these families were not notified, nor were they allowed to opt out, despite being satisfied with the quality of care being provided. In fact, not one of the cases filed by these federally-funded class action lawyers had anything to do with abuse or neglect. No…they sued over a philosophy, believing that all people belong in “community” group homes, regardless of the appropriateness of the placement or the outcome. Individual needs and treatment requirements don’t matter when it comes to a class action case, nor do the decisions and desires of the parents and guardians. This is a cookie-cutter, one-size fits all ideology. These are our federal dollars at work, ladies and gentlemen – federally funded lawyers suing federally certified and federally funded facilities.
It has happened right here in Massachusetts. 43 profoundly disabled people are being evicted over a philosophy – against the wishes of their parents and guardians, despite the fact that the Developmental Disabilities Act mandates that parents and guardians are “primary decision-makers.” To learn more about this tragic misuse of the courts, please click the link. The Lowell Sun called it “a crime against humanity.”
http://www.avertrollandtragedy…
This bill will provide protection for residents and families against lawsuits based on a philosophy that can have tragic outcomes…and when the federal lawyers have put their pens in their desk have have gone home, satisfied with their day’s work – it is the families who must cope with the aftermath.
In addition to Congressman Frank, cosponsors on this bill from Massachusetts are:
Rep. James McGovern
Rep. John Olver
Rep. Michael Capuano
Rep. Niki Tsongas
We thank them for their principled and courageous stand for this fragile population.
If your Congressman is not listed above, would you be so kind as to tell him that you support HR 1255 and ask him to support Congressman Frank’s bill?
Rep. Stephen Lynch 617-428-2000
Rep. Edward Markey 781-396-2900
Rep. Richard Neal (413) 785-0325
Rep. William Delahunt (617)-770-3700
Rep. John Tierney (978) 531-1669
The opposition (the ARC, etc) will claim that this bill will prevent the closure of Fernald or any class action lawsuits based on abuse or neglect. This is not true. First of all – if there was a class action based on abuse or neglect – the facility families would be the first ones on board. As the ARC knows…we were the ones who sued in federal court to improve conditions and medical services in Massachusetts. Don’t let them get away with a misinformation campaign.
So who would be worried about a family rights bill? Let’s see…it would be lawyers (the American Bar Association) and service providers (ARC of US) who have filed as lobbyists on this bill. Hmmmm lawyers and service providers…gee, they don’t have a vested financial interest, do they?
http://www.opensecrets.org/lob…
This seems like a good bill- although I admit that I don’t think about these issues very much, not having anyone in my family who has had to live in either type of facility. I think I agree with you that there are probably some people who are too disabled and require too much care to be safe and healthy in “community group homes”.
that you visited various facilities to find the right one for your severely disabled loved one. The medical and clinical services are right on the grounds. Your loved one’s room is attractive and bright, with curtains right out of Bed and Bath. There are trips to the mall, library, museums and movies. There is even a small church on the grounds.
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p>And then…a pack of federal lawyers sue the state and or facility without your knowledge…because they don’t believe in “institutional” care. They think they know better than you what your loved one should have. They file for a “class” with a few members who may or may not even live in the facility. A service provider masquerading as a family advocate with a vested financial interest in the outcome joins the case. After a few years…you get an eviction notice, because the federal lawyers have prevailed in court.
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p>It’s monsterous, that this can happen in the United States.
Congressman Frank is working to correct a serious injustice and has been joined by a number of his colleagues in Congress across the ideological spectrum. (Really – did you ever think you’d see Ron Paul on the same bill as Congressman Frank?)
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p>This is a very simple, common sense bill that will provide safety and security for some very fragile people.
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This class action suit that included these individuals without their knowledge is beyond belief. Its beyond me how, in America, that any lawyer can just include anyone he wants in a lawsuit…what gives him the right to represent anyone who has not requested representation. Ironic, most lawyers won’t lick a stamp on your behalf without a retainer and these lawyers initiated an action that threatens the lives of these people for free.
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p>It figures that the American Bar Association and the ARC would oppose this bill. The only people who make money on class action lawsuits are lawyers. The only people who benefit from the disabled being thrown out of their homes are private service providers/ARCs.
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p>It also figures that the ARC, who constantly portrays itself as speaking for all guardians & mentally disabled (I AM A GUARDIAN AND THEY DEFINITELY DON’T SPEAK FOR ME) would oppose a bill that eliminates a lawyers ability to represent an individual without their knowledge and ultimately strip a guardian of his or her rights. Afterall, the ARC is all knowing and we guardians are just misguided. Give me a break.
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p>The ARCs are in fact service providers. I obtained this information from the Attorney General’s website so it is public record. Anyone can see for themselves. The North Shore ARC had gross receipts of $70.5 million. $69.7 million (98.86%) of that was government money (both federal and state). It has 5 affiliates that provide family support, residential housing, personal care assistance, day habilitation, clinical services, coordination of services, and owns real estate that it leases back to itself. The annual compensation of the Executive Director is $265,696.
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p>I would say this one example more than adequately shows that the ARC has crossed way over the line from its origins as a grass roots organization of concerned parents with a mission of advocating for all mentally retarded citizens and stepped into the profitable “non-profit” business of a service provider. To bad they haven’t informed the public of their new mission.
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p>I have no doubt who interests are being served.
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p>We have to ensure this bill passes.
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