Thursday, April 25, 2024

Medicaid "Unwinding" Breeds Chaos in States

We have had our own personal version of "unwinding chaos" since the end of February, 2024. Our son Ian, who has profound, lifelong, disabilities and lives in a group home in Ypsilanti, Michigan, was found ineligible for full Medicaid healthcare benefits that he had been receiving for almost 20 years. Before I go into what happened and how the problem has finally been resolved (knock-on-wood), here is an article from Kaiser Family Foundation (KFF Health News) with a broader picture of what is happening across the country:

‘Worse Than People Can Imagine’: Medicaid ‘Unwinding’ Breeds Chaos in States
By Phil Galewitz and Katheryn Houghton and Brett Kelman and Samantha Liss, November 2, 2023

[This story also ran on USA Today. It can be republished for free.]

The parents of a disabled man in Tennessee who had been on Medicaid for three decades fought with the state this summer to keep him enrolled as he lay dying from pneumonia in a hospital.

Seven months into what was predicted to be the biggest upheaval in the 58-year history of the government health insurance program for people with low incomes and disabilities, states have reviewed the eligibility of more than 28 million people and terminated coverage for over 10 million of them. Millions more are expected to lose Medicaid in the coming months.

The unprecedented enrollment drop comes after federal protections ended this spring [2023] that had prohibited states from removing people from Medicaid during the three pandemic years. Since March 2020, enrollment in Medicaid and the related Children’s Health Insurance Program had surged by more than 22 million to reach 94 million people. The process of reviewing all recipients’ eligibility has been anything but smooth for many Medicaid enrollees. Some are losing coverage without understanding why. Some are struggling to prove they’re still eligible. Recipients and patient advocates say Medicaid officials sent mandatory renewal forms to outdated addresses, miscalculated income levels, and offered clumsy translations of the documents. Attempting to process the cases of tens of millions of people at the same time also has exacerbated long-standing weaknesses in the bureaucratic system. Some suspect particular states have used the confusing system to discourage enrollment.

“It’s not just bad, but worse than people can imagine,” said Camille Richoux, health policy director for the nonprofit Arkansas Advocates for Children and Families. “This unwinding has not been about determining who is eligible by all possible means, but how we can kick people off by all possible means.” 

To be sure, some of the Medicaid recipients who signed on to the program when the U.S. unemployment rate soared amid covid-19 lockdowns have since gotten health insurance through new jobs as unemployment dropped back to pre-pandemic lows.

And some of the disenrolled are signing up for Affordable Care Act marketplace plans. Centene CEO Sarah London, for example, told investors on Oct. 24 that the health care giant expected as many as 2.4 million of its 15 million Medicaid managed care members to lose coverage from the unwinding, but more than 1 million customers had joined its exchange plans since the same time last year.

Still, it’s anyone’s guess how many former Medicaid beneficiaries remain uninsured. States don’t track what happens to everyone after they’re disenrolled. And the final tallies likely won’t be known until 2025, after the unwinding finishes by next summer and federal officials survey Americans’ insurance status.

Without Medicaid, Patients Miss Appointments

Trish Chastain, 35, of Springfield, Missouri, said her Medicaid coverage is scheduled to expire at the end of the year. Though her children are still covered, she no longer qualifies because her income is too high at $22 an hour. Chastain’s employer, a rehab center, offers health insurance but her share of the premium would be $260 a month. “I can’t afford that with my monthly budget,” she said.

She said she did not know she might be eligible for a lower-cost plan on the Affordable Care Act marketplace. That still would mean new costs for her, though.
Gaps in coverage can jeopardize people’s access to health services or their financial security if they get medical bills for care they cannot postpone.

“Any type of care that's put off — whether it's asthma, whether it's autism, whether it's something as simple as an earache — can just get worse if you wait,” said Pam Shaw, a pediatrician in Kansas City, Kansas, who chairs the American Academy of Pediatrics’ state government affairs committee.

Doctors and representatives of community health centers around the country said they have seen an uptick in cancellations and no-shows among patients without coverage — including children. Nationwide, states have already disenrolled at least 1.8 million children in the 20 states that provide the data by age. Children typically qualify more easily than adults, so child advocates believe many kids are being wrongly terminated based on their parents’ being deemed no longer eligible. 

Meanwhile, enrollment in CHIP, which has higher income eligibility levels than Medicaid, has shown only a tiny increase.

Kids accounted for varying shares of those disenrolled in each state, ranging from 68% in Texas to 16% in Massachusetts, according to KFF. In September, President Joe Biden’s administration said most states were conducting eligibility checks incorrectly and inappropriately disenrolling eligible children or household members. It ordered states to reinstate coverage for some 500,000 people.

Varying Timetables, Varying Rates of Disenrollment

Idaho, one of a few states that completed the unwind in six months, said it disenrolled 121,000 people of the 153,000 recipients it reviewed as of September because it suspected they were no longer eligible with the end of the public health emergency. Of those kicked off, about 13,600 signed up for private coverage on the state’s ACA marketplace, said Pat Kelly, executive director of Your Health Idaho, the state’s exchange. What happened to the rest, state officials say they don’t know.

California, by contrast, started terminating recipients only this summer and is automatically transferring coverage from Medicaid to marketplace plans for those eligible.

The Medicaid disenrollment rates of people reviewed so far vary dramatically by state, largely along a blue-red political divide, from a low of 10% in Illinois to a high of 65% in Texas.

“I feel like Illinois is doing everything in their power to ensure that as few people lose coverage as possible,” said Paula Campbell of the Illinois Primary Health Care Association, which represents dozens of community health centers.

Nationwide, about 71% of Medicaid enrollees terminated during the unwinding have been cut because of procedural issues, such as not responding to requests for information to verify their eligibility. 

It’s unclear how many are actually still eligible. State and local Medicaid officials say they have tried contacting enrollees in multiple ways — including through letters, phone calls, emails, and texts — to check their eligibility. Yet some Medicaid recipients lack consistent addresses or internet service, do not speak English, or are juggling more pressing needs.

“The unwinding effort continues to be very challenging and a significant lift for all states,” said Kate McEvoy, executive director of the National Association of Medicaid Directors.

‘People Are Not Getting Through

In many states, that has meant enrollees have faced long waits to get help with renewals. The worst phone waits were in Missouri, according to a KFF Health News review of letters the Centers for Medicare & Medicaid Services sent to states in August. In the letter to Missouri’s Medicaid program, CMS said it was concerned that the average wait time of 48 minutes and the 44% rate of Missourians abandoning those calls in May was “impeding equitable access” to assistance and patients’ ability to maintain coverage.

Some people are waiting on hold more than three hours, said Sunni Johnson, an enrollment worker at Affinia Healthcare, which runs community health centers in the St. Louis area. That’s a significant hurdle for a population in which many have limited cellphone minutes.

In Florida, which has removed over 730,000 people from the program since April, enrollees earlier this year were waiting almost 2½ hours on a Spanish-language call center, according to a report from UnidosUS, a civil rights advocacy group. The Spanish versions of the Medicaid application, renewal website, and other communications are also confusing, said Jared Nordlund, the Florida director for UnidosUS.

“They can barely get the Spanish translations right,” he said.

Miguel Nevarez, press secretary for Florida’s Department of Children and Families, which is managing the state’s Medicaid redetermination process, criticized complaints about poor translations and long waits for the Spanish-language call center as a “false narrative.” He said, “The data clearly shows Florida has executed a fair and effective plan for redeterminations.”

In California, similarly jammed phone lines, crowded and understaffed county offices, and trouble downloading renewal applications electronically are all “compounding people’s difficulty to renew” their Medicaid, said Skyler Rosellini, a senior attorney in the Los Angeles office of the National Health Law Program. “We do know, based on the cases we’re getting, that people are not getting through.”

Jasmine McClain, a 31-year-old medical assistant, said she tried everything before Montana ended Medicaid coverage for her kids, ages 3 and 5, in early October. She tried submitting paperwork online and over fax to prove they still qualified. She spent hours on hold with the state hotline. After her kids’ coverage ended, she went to a state public assistance office in Missoula but couldn’t get an appointment. One day in mid-October, roughly 30 people lined up outside the office starting as early as 6:40 a.m., before its doors opened.

After three weeks of her pleading for help while her kids were uninsured, the state restored her kids’ coverage. She said a supervisor told her the family’s paperwork submitted online wasn’t processed initially.

“The phone call system was a mess. Callbacks were a week out to even talk to somebody,” McClain said. “It just was just a lot of hurdles that I had to get through.”
Spokespeople for the Montana, Florida, and Missouri Medicaid programs all said their states had reduced call wait times.

Some Medicaid recipients are seeking help through the courts. In a 2020 class-action lawsuit against Tennessee that seeks to pause the Medicaid eligibility review, parents of recipients describe spending hours on the phone or online with the state Medicaid program, trying to ensure their children’s insurance coverage is not lost.

One of those parents, Donna Guyton, said in a court filing that Tennessee’s Medicaid program, called TennCare, sent a June letter revoking the coverage of her 37-year-old son, Patrick, who had been eligible for Medicaid because of disabilities since he was 6. As Guyton made calls and filed appeals to protect her son’s insurance, he was hospitalized with pneumonia, then spent weeks there before dying in late July.

“While Patrick was fighting for his life, TennCare was threatening to take away his health insurance coverage and the services he relied on,” she said in a court filing. “Though we should have been able to focus on Patrick’s care, our family was required to navigate a system that kept denying his eligibility and putting his health coverage at risk.” 

TennCare said in a court filing Patrick Guyton’s Medicaid coverage was never actually revoked — the termination letter was sent to his family because of an “error.


Phil Galewitz in Washington, D.C., wrote this article. Daniel Chang in Hollywood, Florida; Katheryn Houghton in Missoula, Montana; Brett Kelman in Nashville, Tennessee; Samantha Liss and Bram Sable-Smith in St. Louis; and Bernard J. Wolfson in Los Angeles contributed to this report.

KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF — the independent source for health policy research, polling, and journalism.

Monday, March 4, 2024

Measles in Michigan

According to an article from the Detroit Free Press, "Washtenaw, Wayne county officials recommend vaccination amid potential measles exposures" by Jenna Prestininzi, 3/3/2024, measles has made its way to Washtenaw and Wayne County, Michigan:

"Those most at risk include those who are unvaccinated, those who don't know their immunization status, pregnant women and those who have a weakened immune system because of illness and diseases like HIV, malnutrition and/or medications."

"Common measles symptoms include:
    •    High fever (may spike to more than 104℉).
    •    Cough.
    •    Runny nose.
    •    Red, watery eyes (conjunctivitis).
    •    Tiny white spots on the inner cheeks, gums and roof of mouth two to three days after symptoms begin.
    •    A rash that is red, raised, blotchy; often starts on face, spreads to the trunk, arms and legs three to five days after symptoms begin.

Anyone potentially exposed should get vaccinated against measles within 72 hours if not already immune, officials said. The MMR vaccine protects against measles, rumps [sic] and rubella, with two doses considered to provide immunity."

[I left the above typo in because news outlets that rely on spellcheck rather than actual human beings to check for errors deserve the embarrassment. Imagine if that had appeared in a headline - "The MMR vaccine protects against rumps". Maybe that would increase the vaccination rate?]

"Widespread measles vaccination greatly reduces the virus' spread, with one dose about 93% effective and two doses about 97% effective, according to the CDC. In Michigan, vaccine coverage for the measles, mumps, rubella vaccine for children 4 to 6 years old has fallen from 89.4% in 2017 to 84% in 2022. Among children ages 19-35 months old, vaccine coverage has dropped from 84.7% in April 2020 to 83.6% in December 2023, state health officials said."

Measles can be serious

From the Centers for Disease Control and Prevention (CDC):

"...Children younger than 5 years of age and adults older than 20 years of age are more likely to suffer from complications. Common complications are ear infections and diarrhea. Serious complications include pneumonia and encephalitis."

 Common complications:
    •    Ear infections occur in about one out of every 10 children with measles.
    •    Diarrhea is reported in less than one out of 10 people with measles.

Severe complications in children and adults

Some people may suffer from severe complications, such as pneumonia (infection of the lungs) and encephalitis (swelling of the brain). They may need to be hospitalized and could die.

Hospitalization. About 1 in 5 unvaccinated people in the U.S. who get measles is hospitalized.

Pneumonia. As many as 1 out of every 20 children with measles gets pneumonia, the most common cause of death from measles in young children.

Encephalitis. About 1 child out of every 1,000 who get measles will develop encephalitis (swelling of the brain) that can lead to convulsions and can leave the child deaf or with intellectual disability.

Death. Nearly 1 to 3 of every 1,000 children who become infected with measles will die from respiratory and neurologic complications.

Complications during pregnancy. Measles may cause pregnant women who have not had the MMR vaccine to give birth prematurely, or have a low-birth-weight baby.

Long-term complications

Subacute sclerosing panencephalitis (SSPE) is a very rare, but fatal disease of the central nervous system that results from a measles virus infection acquired earlier in life...

Vaccine Safety from the CDC:

The Measles, Mumps, Rubella (MMR) vaccine is very safe, and it is effective at preventing measles, mumps, and rubella. Vaccines, like any medicine, can have side effects. Most people who get MMR vaccine do not have any serious problems with it. Getting MMR vaccine is much safer than getting measles, mumps, or rubella.

Common Side Effects of MMR Vaccine
    •    Sore arm from the shot
    •    Fever
    •    Mild rash
    •    Temporary pain and stiffness in the joints, mostly in teenage or adult women who did not already have immunity to the rubella component of the vaccine 

MMR vaccine has been linked with a very small risk of febrile seizures (seizures or jerking caused by fever). Febrile seizures following MMR vaccination are rare and are not associated with any long-term effects. Because the risk of febrile seizures increases as infants get older, it is recommended that they get vaccinated as soon as recommended.

Some people may experience swelling in the cheeks or neck. MMR vaccine rarely causes a temporary low platelet count, which can cause a bleeding disorder that usually goes away without treatment and is not life threatening. 

Extremely rarely, a person may have a serious allergic reaction to MMR vaccine. Anyone who has ever had a life-threatening allergic reaction to the antibiotic neomycin, or any other component of MMR vaccine, should not get the vaccine.

On the same CDC page, see Related Scientific Articles


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Deciding to vaccinate or not, seems to me, to be similar to deciding whether to use an antibiotic to treat a bacterial infection. A few people have serious and even life-threatening reactions to certain antibiotics. Weighing the alternative of living with a raging infection against the likelihood of a serious side-effect, most people come down on the side of taking the risk with an antibiotic. Included in weighing that risk is past experience with the medication and allergic reactions that have already been experienced.

Saturday, February 3, 2024

Michigan's Children's Special Health Care Services expands health care for adults

This is from the Michigan Department of Health and Human Services:

FOR IMMEDIATE RELEASE: Feb. 2, 2024
CONTACT: Lynn Sutfin, 517-241-2112, SutfinL1@michigan.gov
MDHHS Children’s Special Health Care Services
 expands to cover young adults until age 26

LANSING, Mich. – Young adults with special health care needs in Michigan will have increased access to care thanks to the expansion of the Michigan Department of Health and Human Services (MDHHS) Children’s Special Health Care Services (CSHCS) program.

Through a FY24 budget recommendation by Gov. Gretchen Whitmer that was approved by the Michigan Legislature, coverage was extended from age 21 to age 26. This expansion is expected to provide coverage to an additional 9,000 individuals. 

MDHHS began processing enrollments for this newly eligible population last month.

“Governor Whitmer continues to focus on improving public health and investments to make Michigan communities healthier,” said MDHHS Director Elizabeth Hertel. 

Expansion of Children’s Special Health Care Services will provide access to needed health services and specialty care for young adults with chronic or complex health conditions as they are more likely to have challenges accessing care.

Children’s Special Health Care Services is a program that assists families with a child or young adult with a chronic or complex medical condition. It covers more than 2,700 physical conditions. In addition, it provides coverage to clients regardless of age with cystic fibrosis, hemophilia or sickle cell disease. In Michigan, more than 40,000 individuals, primarily children, are enrolled in the program.

“On behalf of Michigan’s epilepsy community, we are excited and grateful to see extended coverage of the Children’s Special Health Care Services program to age 26,” said Brianna Romines, Epilepsy Foundation of Michigan president. “Many youth with epilepsy receive coverage through this program and while this program previously ended at 21, managing their epilepsy and seizures continues on. We know that by extending this program, more youth with epilepsy and many other chronic medical conditions will have access to the comprehensive care needed to best manage their condition and live their best life.”

MDHHS encourages young adults with special health care needs to apply for coverage by contacting their local health department for assistance.

“The Children’s Special Health Care Services Detroit Local Health Department Office is excited and thrilled with the expansion of coverage for individuals with eligible chronic medical conditions up to the age of 26,” said Crystal Hepburn, BSN, RN, CCM, Children's Special Health Care Services program manager, Detroit Health Department. “This expansion continues to assist our program in addressing the health disparities within our community. Having equitable, accessible health care for our clients aids in the appropriate management of their diagnosis and affects the quality of life, increasing the opportunities for positive health outcomes. By increasing access to care and coverage, it decreases the financial stress and burden for clients in managing their chronic medical condition. We are delighted that our families will continue to have the wonderful support that they have come to know within our local health department until their family member reaches age 26.”

For more information on Children’s Special Health Care Services or the enrollment process, individuals should contact their local health department, the Children’s Special Health Care Services Family Phone Line at 800-359-3722 or on the MDHHS website.

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General information about CSHCS

Sunday, January 21, 2024

Michigan primary election: February 27, 2024

January 21, 2024

Voter information is available on the MI Secretary of State Website. The Republican primary election is more contested this year than the Democratic primary and a bit more complicated. You can read about that here.

Register to vote: You can register to vote on-line up to 14 days before the election. After that, for this election, you can register in person up until and on Election Day at your city or township clerk’s office. Michigan does not register voters by party affiliation. When you vote in a primary election, you need to pick a ballot for one party with the names of candidates running on that party’s ticket.

To be eligible to register to vote you must be:

   •    A Michigan resident (at the time you register) and a resident of your city or township for at least 30 days (when you vote)
    •    A United States citizen
    •    At least 18 years of age (when you vote)
    •    Not currently serving a sentence in jail or prison

Proof of residency:

You must show proof of where you live. Documents must have your name and current address. You can show a digital copy of documents. Acceptable documents include:
    •    Michigan driver’s license or state ID
    •    Current utility bill
    •    Bank statement
    •    Paycheck or government check
    •    Other government document

Absentee Voting:

From the SOS Website: “All registered voters in Michigan can now vote using what’s called an absentee ballot. You don’t need an excuse or a reason. You can vote by absentee ballot through the mail, without leaving your home. You can also go to your city or township clerk’s office or drop box to return your absentee ballot, which we recommend if you are returning a ballot within two weeks of election day, in order to avoid possible postal delays.”

From the Detroit Free Press, “Michigan presidential primary 2024: Election Day date, how to vote, candidates” by Arpan Lobo, 1/17/24:

...Key dates, deadlines for Michigan presidential primary

While the primary day itself is Tuesday, Feb. 27, Michigan also has early voting and absentee voting. Here are some key dates to know for the presidential primary:
    •    Sunday, Jan. 28: Communities may begin allowing early voting. Michigan election law requires communities to hold at least nine days of early in-person voting, but communities can choose to hold up to 29 days of early voting. To find out your community's early voting schedule, contact your local clerk's office, which can be found online at the Michigan Voter Information Center at michigan.gov/vote.
    •    Monday, Feb. 12: Deadline to register to vote online or by mail and be eligible to vote in the Tuesday, Feb. 27, presidential primary.
    •    Tuesday, Feb. 13: On this day and afterward, people registering to vote in the presidential primary must do so in person at a local clerk's office with proof of residency.
    •    Saturday, Feb. 17: Communities must begin allowing early voting.
    •    Friday, Feb. 23, at 5 p.m.: Deadline to request an absentee ballot online or through the mail.
    •    Sunday, Feb. 25: Last day of early voting.
    •    Monday, Feb. 26, at 4 p.m.: Deadline to request an absentee ballot in person at a local clerk's office.
    •    Tuesday, Feb. 27, from 7 a.m. to 8 p.m.: Election Day! Polls are open. Voters can also obtain absentee ballots at their local clerk's office until polls close, but only if they are registering to vote or updating their voter registration address.

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More information is available on the MI Secretary of State Website

Michigan: Governor Whitmer proposes $5,000 tax credit for caregivers

The Detroit Free Press reported today on a proposal by Governor Whitmer to provide tax relief to caregivers. 

According to the article, “Whitmer's Michigan caregiver tax credit proposal could provide up to $5,000 in tax relief” by Clara Hendrickson, 1/21/24, the plan would “provide up to $5,000 in tax relief for thousands of Michigan families, covering expenses such as counseling, transportation and nursing or respite services. Whitmer's office said the proposal will allow more seniors in Michigan to age where they live and help parents caring for children with long-term needs.”

According to a 2021 AARP study “…unpaid family caregivers spend an average of $7,242 annually. The advocacy group places the economic value of their contributions supporting the adults in their lives at an estimated $600 billion.”

The “Caring for MI Family Tax Credit" would cover expenses such as counseling, transportation and nursing or respite services to alleviate financial stress on families caring for seniors and parents caring for children with long-term needs.

Tuesday, January 16, 2024

What's old is new again: Regulating community services for people with disabilities: a promise fulfilled or a barrier to appropriate services?

This is a post from The DD News Blog for August 12, 2018. Not much has changed since then, with the exception of a worldwide pandemic that killed over a million people in the US and revealed serious inadequacies in the country's healthcare system. It also shined a light on the heroics of healthcare workers on the front lines of the pandemic, who, at first had the admiration and respect of the public. Later, they suffered abuse from the misdirected anger of a portion of the public stirred up by conspiracy theories about the virus and vaccines. The system of care for people with I/DD and their families also suffered with programs closing, some temporarily, but others permanently. Severe work shortages, especially among direct service professionals, hampered an already distressed system, seemingly on the verge of collapse. We seem to be back, but not quite, to where we were when the whole thing began. 

This is a good place to start, heading into a new year with the same old controversies that must be resolved if we are going to rebuild a fair system that includes recognition of the full range of people served and the diversity of needs.

*********************************

Sunday, August 12, 2018

In 2014, the federal Centers for Medicare and Medicaid Services issued “the Settings Rule” as an attempt to regulate how and where Medicaid-funded Home and Community-Based Services (HCBS) are provided in community settings to people with disabilities. Although the settings rule is promoted as a policy of liberation to bring about “true” integration and inclusion of people with disabilities in community settings, the corollary to that is the assertion that the rule will free up funding to be redistributed, first by closing programs that some advocates argue no one wants or needs, and then to pay for services that the same advocates claim are "truly" inclusive.

Many I/DD advocacy groups, most notably those receiving federal funding under the federal Developmental Disabilities Act, oppose all “congregate” programs that serve more than 3 or 4 people with intellectual and developmental disabilities (I/DD) together. Rather than emphasizing the individual right to appropriate services and the requirement that “a public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities…” [emphasis added], many advocates promoting the Settings Rule have focused mostly on closing programs, thereby eliminating them as a choice for those who still want and need them.

To what extent is implementation of the Settings Rule improving the lives of people with I/DD? Or is it just an excuse to reduce or eliminate programs for people with the highest support needs in hopes that others can benefit from the redistribution of precious Medicaid dollars?  Is it realistic to expect that the supposed cost-savings will pay for more and better services in the community? From the perspective of people with I/DD and their families who are losing programs they have relied on for years, the Settings Rule is seen as an excuse to de-fund needed services.

Judging from the promises made over many decades from advocates and government agencies, that closing institutions would pay for more and better services in the community, it is highly doubtful that removing people from institutions (or from settings that are too "institutional in nature” under the Settings Rule) will generate significant savings to pay for adequate services for everyone else.

As advocates and government agencies pursue their dream of closing all institutions, as well as eliminating specialized group settings for people with disabilities, they avoid the obvious question of how much more money must be put into the system to meet the needs of people with I/DD and where will it come from? It means confronting politically unpopular ideas, at least unpopular with most current elected officials, such as boosting Medicaid funding to pay for more and better services. Efforts to stabilize the workforce of direct service providers by providing them with a living wage and better working conditions and linking the funding of services with needs established by well-written individual service plans could improve both the quality of services and accountability to people with disabilities and to taxpayers.

This dilemma - justifying program closures with promises of future savings to pay for community services - was recognized by a fervent proponent of deinstitutionalization Sam Bagenstos, a former Principal Deputy Assistant Attorney General in the Obama Justice Department’s Civil Rights Division and a key litigator in deinstitutionalization cases. 
[He currently serves as general counsel of the US Department of Health and Human Services and is on leave from the University of Michigan Law School] In a 2010 Cardozo Law Review article, “The Past and Future of Deinstitutionalization Litigation”, Bagenstos admits that closing institutions has not resulted in sufficient services in the community to allow people with psychiatric and intellectual and developmental disabilities to flourish.

This is an excerpt from a 2013 article from VOR , “Will it be different this time? Deinstitutionalization’s Past: A Reason to Pause and Reconsider”:

First, Bagenstos argues that one measure of the success of deinstitutionalization is the sheer numbers of people with I/DD who have been deinstitutionalized and the numbers of institutions that have been closed since 1967:

"[D]einstitutionalization advocates have essentially won the old battles for the closing and downsizing of large state institutions for people with psychiatric and developmental disabilities . . . the population of state institutions now stands at approximately 16% of its peak, the population of state and local psychiatric hospitals stands at approximately 9% of its peak, and these numbers continue to decrease."

Bagenstos goes on to admit, however, that the political alliance between deinstitutionalization advocates and fiscal conservatives meant certain failure for the advocates’ second goal, “to develop an array of services and supports in the community to enable people with psychiatric disabilities or intellectual/developmental disabilities to flourish.”

It should not be surprising that the coalition of deinstitutionalization advocates and fiscal conservatives largely achieved their goal of closing and downsizing institutions and that deinstitutionalization advocates were less successful in achieving their goal of developing community services.

Even if some deinstitutionalization advocates were initially unaware that they had entered into a “devil’s bargain” with fiscal conservatives, unconscionably, closure efforts continued even after it became apparent that widespread tragedies were befalling fragile individuals with I/DD developmental disabilities in inadequate community settings.


Supporters of the HCBS Settings Rule seem to be making their promises of improved services and better lives for people with disabilities contingent on the idea that savings from the closure and elimination of specialized congregate (group) settings in the community will result in the redistribution of funds. It is politically easier for advocates to call for the closure of programs that do not meet their criteria of “true” integration and inclusion than to confront the reality that the community system of care for people with I/DD is underfunded and to a large extent broken. Many of the organizations promoting their interpretation of the Settings Rule also get a significant amount of funding from government agencies that fund programs under the DD Act. They know better than to bite the hand that feeds them by advocating for politically difficult but necessary solutions to the crisis in community care.

*************************

See also,

Will it be different this time? Deinstitutionalization’s Past: A Reason to Pause and Reconsider” from VOR, 2013, including footnotes and references.

"What does the ADA Integration Mandate really mean?", The DD Newsblog, 4/10/16

Samuel R. Bagenstos, The Past and Future of Deinstitutionalization Litigation, 34 Cardoza L. Rev. 1 (2012)


Friday, January 12, 2024

Ian Barker Is thirty-nine!

Happy Birthday, Ian!

When Ian was born, he was smaller than a five-pound bag of sugar, but better looking. He spent six weeks in the Stanford Hospital Neonatal Intensive Care Unit (the NICU), with a nasty alpha strep infection acquired in utero, an extremely rare event. Some poor intern or medical student was assigned the job of finding out exactly how rare this is - most cases of alpha strep infection in newborns are acquired during a vaginal birth, but he was born by C-section. The student, without the benefit of our modern search engines, came up with about 30 similar cases.

During his first few days of life, Ian endured something like toxic shock syndrome that develops very quickly into low blood pressure and multiple organ failure. We were given dire predictions of how poorly he would do. We brought our one-in-more-than-a-million infant with dire predictions home to meet his brother Danny who was eight years old. Danny had already manifested many of the dire predictions from his precarious birth that resulted in brain damage from seizures.

Oh well.

I don’t want to disappoint those looking for a feel-good story of beating the odds with a child who defiantly exceeded all expectations, but unfortunately that is not what happened. Ian has very severe cerebral palsy and intellectual disabilities. Fortunately, he learned to smile and laugh early. He is sweet and good-natured about all this and still good looking.
He has honed his survival skills, endearing himself to the people around him to get the attention he needs. He loves the ladies (and men, but especially the ladies) who take care of him. We see him often. Since he does not talk, we have not figured out if he is laughing with us or at us, after all these years.