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The Gulf Coast Center, together with the AMI and the ARC, hosted a Legislative Forum on October 26, 2006 in Alvin, Texas.
The Arc of Texas Changes Mission Statement
On September 15, 2006, The Arc of Texas’ Board of Directors voted to change the organization’s mission statement to resolve concerns expressed by self-advocates and members regarding the use of “mental retardation” in reference to individuals the organization serves. The new mission statement will delete language referring to “mental retardation” and replace the phrase with “intellectual and developmental disabilities.”
The Arc of Texas’ new mission statement will read:
The Arc of Texas is the state’s oldest and largest nonprofit, volunteer organization committed to creating opportunities for people with intellectual and developmental disabilities to be included in their communities. For more information go to The Arc of Texas website.
September is National Recovery Awareness Month. To honor the members of the Recovering Community, their families and friends, the Center for Addiction Research at UTMB and the Gulf Coast Center Recovery Program present this first annual event, the Celebrate Recovery Street Festival on Saturday, September 23, 2006, from 10 AM – 2PM, in Galveston, Texas, on Winnie Street, between 23rd & 25th St. There will be outstanding speakers, food, music, clowns, children’s activities, DOOR PRIZES GALORE, health screenings, recovery & prevention Information and much, much more. This event is a gift to the community at large, especially those in Recovery. There is no charge to attend.
Settlement of the Waiting List Lawsuit: McCarthy v. Hawkins
The Arc of Texas and Advocacy, Inc. announce the settlement of the four year old McCarthy v. Hawkins waiting list lawsuit. This litigation was originally filed in federal district court in late 2002 against the Commissioners of the Texas Health and Human Services Commission (HHSC) as well as the Departments of Mental Health and Mental Retardation (TDMHMR) and Human Services (DHS), now consolidated into the Department of Aging and Disability Services (DADS). McCarthy sought to bring relief to the thousands of individuals with mental retardation and developmental disabilities on waiting lists for community-based services. When the lawsuit was filed in 2002, more than 15,000 individuals were on waiting lists for the Home and Community-based Services (HCS) and Community Living Assistance and Support Services (CLASS) programs. As of last spring that number had grown to more than 40,000.
The McCarthy case used legal arguments based on the Americans with Disabilities Act (ADA) and the Supreme Court’s Olmstead decision in an attempt to compel the State to take immediate and affirmative action to address the needs of individuals on the waiting lists.
On August 4, 2006, a Settlement Agreement was reached with state officials which includes the following provisions:
• The seven individual named plaintiffs who have not as yet received services will be offered a waiver slot.
• Within 12 months the State will initiate an informal assessment of individuals requesting HCS and/or CLASS services and who are subsequently placed on a waiting list. The assessment will obtain information about the functional status and diagnosis of the individual, ensure that the individual is presented information about all services for which he/she might be available and facilitate placement of the individual on the correct waiting lists(s). The aggregation of such information will also be valuable to the state in developing trend and need data that can inform the development of public policy in the future.
Recognizing that personal circumstances may change over time, the informal assessment will not address financial eligibility for Medicaid services or provide full information about the individual’s functional need. It will not be used to determine eligibility for any specific service and is not subject to administrative review.
• For the next three (3) biennial legislative sessions (the 80th, 81st, and 82nd), HHSC will include in its Legislative Appropriations Request (LAR) a request for sufficient funding to:
(1) offset the estimated increase in the number of persons listed on the HCS and CLASS waiver waiting lists during the preceding biennium. (Note: approximately 3,000 individuals have been added to the HCS waiting list alone in each of the past two biennia)
(2) achieve a five percent (5%) to ten percent (10%) reduction in the number of persons listed on the HCS and CLASS waiver waiting lists each year. (Note: a 5% reduction in the HCS waiting list alone approximates 2,900 individuals per biennium)
However, the agreement does not require the HHSC to request funding to reduce the two overall waiting lists, including estimated growth, by more than 20% each biennium.
It must be noted that the Court is not constitutionally able to compel the Legislature to approve these funding requests. It may only direct the agency to take certain action and then hold it accountable. Advocates must continue their efforts to secure legislative funding to fully implement the Settlement Agreement.
However, the inclusion of such significant budget requests in the HHSC Legislative Appropriations Request gives evidence to the Legislature of the reality and immediacy of the need, the ability of the provider system, with necessary augmentation, to adapt to program expansion and the ability of the HHSC and DADS agency structures to oversee and implement the approved service expansion. Such provides powerful ammunition for advocates approaching the legislature for funding of the HHSC request.
In 2005, under pressure by the McCarthy lawsuit, the 79th Legislature funded more than 2,800 new HCS slots and 1,600 new CLASS slots. Such represents more than $100 million in new service funding for Texans who had been on the HCS and CLASS waiting lists the longest.
While the Court will not continue a formal and ongoing oversight role, we do have the opportunity through state law to address any failures by the State to implement the provisions of this Settlement.
The Arc and Advocacy, Inc. believe that the Settlement Agreement provides the first six year installment of what could be a long term effort by the State to meet the needs of people on the HCS and CLASS waiting lists. As a result of McCarthy, thousands have already received waiver services. We believe that HHSC is committed to ensuring that additional thousands will receive services over the next six years.
Caveat: Although the agreement has been reached with the State, there remain a couple of procedural issues that must be completed before the court finally authorizes the settlement. A full press release will be distributed to all media following the completion of those details. Feel free to distribute this announcement to members, families and friends. But please wait for the formal press release and related material before discussing the settlement with media representatives.
The Arc of Texas wishes to thank all those who have supported this important case for the last four years. Your generous financial contributions and other support of McCarthy have brought hope to thousands who have waited for far too long. For more information go to The Arc of Texas website.
Almost thirty years after the Gulf Coast Center first acquired the facility located at 119 6th Street in Texas City, the facility is finally being torn down. Previously known as the Mainland Industries building, the facility was initially the home to the Center’s sheltered workshop in Galveston County. During much of the 70’s and early 80’s, over a hundred people with disabilities worked regularly at varying jobs in the workshop from woodworking, newspaper inserts, packaging, and manufacturing jobs. The Mainland Industries program was one of the Center’s first programs to be supported by the Mainland Communities United Way; and is where Connect Transit first got its start. The Mainland Industries facility was also the home to the consumer’s annual talent show; where many talented individuals shared their wonderful gifts and skills on the large landing of the building’s grand stairway. But just as the service delivery system has changed since those early days; so has the need for the facility changed. In a cooperative arrangement with the City of Texas City, the facility is being torn down and disposed of under the direction of the City. And though the facility may be gone, the many wonderful memories made, the skills learned, and the opportunities created will never fade.
The Gulf Coast Center’s Hurricane Katrina and Rita Crisis Counseling Teams, in conjunction with St. Michael’s Episcopal Church in LaMarque, will be hosting Camp Noah during the week of July 17th through July 21st; 9:00am to 4:00pm each day. Camp Noah is a day camp for children from grades Kindergarten to 6th grade in Galveston County recovering from the Hurricane Katrina and Rita disasters. The week is tuition free for the children in attendance; and where ever needed, transportation will be provided to and from the event. Over sixty children are registered to participate in the event. Staff from the Center’s Hurricane Crisis Counseling Teams, as well as volunteers from St. Michael’s and the community, will be working to assure a wonderful, fun-filled week for all.
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