Wednesday, October 27, 2010

NC News: Important Headlines-Sterilization Victims Hotline

Hotline Number:
N.C. Justice for Sterilization Victims Foundation. 1-877-550-6013 (toll free in North Carolina) or 919-807-4270.
The hotline is open Monday through Thursday from 10:00 AM until 4:00 PM.

If you believe that you were a victim of North Carolina sterilization program you are encouraged to call this hotline.

Background:
In North Carolina 7,600 people were forcibly sterilized between 1929 and 1970’s. Many of those who were sterilized were young adults and teens with intellectual disabilities or mental illness. Many of the young women sterilized during the 1960’s were black women and girls.

North Carolina’s sterilization laws were repealed in July of 2003. At that time Governor Mike Easley apologized on behalf of the state for this practice.

Throughout the United States over 60,000 Americans were legally sterilized against their will during the 20th century.

“North Carolina Assembly Strikes Sterilization Law”, By Dave Reynolds, Inclusion Daily Express -July 22, 2003

News Articles:

Hotline launched to help state's eugenics victims
Posted by Lisa Sorg on Tue, Oct 26, 2010 at 3:48 PM

If you believe you were forcibly sterilized under the authority of the N.C. Eugenics Board, you can call a toll-free hotline for information about the program.
The N.C. Justice for Sterilization Victims Foundation is operating the hotline. The number is 1-877-550-6013 (toll-free in North Carolina) or 919-807-4270. It is open 10 a.m. to 4 p.m. Monday through Thursday.

The Eugenics Board program operated between 1929 and 1974. Persons impacted by the N.C. Eugenics Board program were born in or prior to 1961.

Read Indy Article Here.



Sterilization Victims Hotline (The Insider and The Associated Press Report)
The N.C. Justice for Sterilization Victims Foundation announced Tuesday the establishment of a toll-free number for callers to provide information and confirm the identification of someone who was sterilized under the authority of the North Carolina Eugenics Board. More than 7,600 people were sterilized by choice or coercion under the state program between 1933 and 1973. Callers will have to fill out a verification form. Gov. Beverly Perdue created the foundation to determine how to compensate victims. But there's no money set aside right now for that assistance. The foundation said verification doesn't guarantee the person will receive compensation.(THE ASSOCIATED PRESS, 10/26/10).

Tuesday, October 26, 2010

NC News: More Details on Medicaid Settlement

The Winston Salem Journal has an excellent break down on the $3.5 million Medicaid settlement.

N.C. Medicaid to get $3.5M
By RICHARD CRAVER | JOURNAL STAFF REPORT
Published: October 24, 2010

Raleigh, N.C. --
The N.C. Department of Health and Human Services says that the state Medicaid division will get more than $3.5 million from recent agreements with five pharmaceutical manufacturers to settle cases of kickbacks.

The five settlements total nearly $17.5 million. The federal government, which pays about 70 percent of N.C. Medicaid expenses, received most of the restitution.

The largest settlement was with AstraZenaca PLC for $13.8 million. N.C. Medicaid received about $2.4 million in restitution and interest, and the state’s public schools received $2.35 million in penalties.

Other pharmaceutical companies’ settlements with N.C. Medicaid are:

• $839,058 from Omnicare for a range of false-claims violations arising from its dealings with various nursing-home chains and drug manufacturers.

• $105,454 from Alpharma, the manufacturer of Kadian, for paying for resort trips for health-care providers. .

• $137,631 from IVAX Pharmaceuticals, a manufacturer of generics, for its dealings with Omnicare.

• $30,360 from Novartis, the manufacturer of TOBI, for alleged encouragement of off-label prescribing.

Friday, October 22, 2010

NCGA: State Budget Deficit Update October

This week members of the Government Operations committee received an updated report from fiscal staff on the state of the budget deficit for fiscal year 2011.

The presentation stated that the overall economy is in a stagnant, slow growth pattern. This slow growth trend will be with us through the remainder of 2010 and well into 2011. This trend will also show elevated unemployment rates for all of 2011.
In a recent report the North Carolina unemployment rate dipped from 9.7% in August to 9.6% in September. However, new unemployment claims rose. This is what the report stated we should expect to see continue through all of 2011.

Overall collections through September are running $18 million below the $4.5 billion target due primarily to processing delays. Dr. Barry Boardman (fiscal research staff), stated that we are poised to turn the quarter on tax revenue collections but that is was to early to say we are off and going toward sustained growth.”

Even with all the tempered positives we are still facing between a $3.2 to $4 billion deficit as we enter into the 2011 fiscal year.

Here are some of the other statistics presented to the committee:

Sales Tax:

Starting in July collection declines came to an end as year-over-year collections were up in each month, but by less than 1% (baseline).

Withholding and Employment:
Recent withholding collections (wage & salary income taxes) offer a glimmer of hope that this key revenue source (40% of total General Fund revenue) is poised to move into positive growth territory.

Through September, net withholding (all wage & salary withholding less refunds) was down 0.5%. This time last year, net withholding was down by 3.5%.


How we get to a $3.2 – 4 Billion Deficit:

Total General Fund Availability for FY 2010-11 was $18.956 billion (S.L. 2010-31)
• Includes $1.6 billion in federal dollars (ARRA Funds)
• Includes $1.3 billion in temporary Sales Tax & Income Surtax
• Includes other one-time items totaling about $300 million

In addition to the $3.2 billion less in FY 2011-12 availability, the General Assembly will face:

• Mandated spending pressures from Medicaid and Public School Enrollment
• Additional spending pressures include
An estimated $572.4 million is needed over the next biennium to maintain
current benefit levels and anticipated growth in the State Health Plan;

Additional funds may be needed to increase the State’s employer contribution to the State Retirement System depending on the results of the System’s annual actuarial valuation. (This may possibly be as high as 1.2 billion)

Post-Secondary enrollment growth

To view the power point presentation on the budget update-go here.

NC News: Under the Dome-N.C. Shares in Medicaid Settlement

N.C. shares in Medicaid settlements-Under the Dome
Submitted by lbonner on 2010-10-20 17:18

North Carolina is sharing in nationwide Medicaid settlements with four drug companies and a nursing home pharmacy provider over alleged improper promotional activities, kickbacks, or improper attempts to sway doctors to prescribe a drug.
Most of the $17.5 million that's the state's share of the settlements will go to the federal government, which pays about 70 percent of the state's Medicaid costs. The public schools will get a share of two of the five settlements.

The largest settlement is with AstraZeneca to settle claims that it allegedly engaged in an off-label marketing campaign for a drug that treats schizophrenia and bipolar disorder. N.C. Medicaid is getting $2.4 million in the settlement, and the public schools get $2.35 million.

Omnicare, which provides pharmaceutical services to long-term care facilities, settled false-claim allegations arising from its dealings with various nursing home chains and drug manufacturers. N.C. Medicaid's share is $839,058.
Alpharma allegedly provided doctors with training programs and research grants, and made false claims about the drug, Kadian, to convince them to prescribe it. N.C. Medicaid's share is $105,454 and the schools get $105,837.
IVAX Pharmaceuticals, for alleged violations of kickback laws. N.C. Medicaid's share is $137,631.
Novartis allegedly encouraged off-label prescribing of a drug that treats lung infections. N.C. Medicaid's share of the settlement is $30,360.
Correction: North Carolina's share of federal settlements. N.C. Medicaid will keep $3.5 million.


Read more: http://projects.newsobserver.com/under_the_dome/nc_shares_in_medicaid_settlements#ixzz1368U6NOW S

Thursday, October 14, 2010

NC News: Reminder-Early Voting Starts Today

We encourage you to take advantage of Early Voting. This is an important election. The state of North Carolina is looking at a 3 to 4 billion dollar deficit in our state budget.

Take time to learn about the candidates and take any opportunity in your local communities to meet your candidates. Then vote!

NC News: ACLU Files Lawsuit After Government Wrongfully Deports U.S. Citizen with Mental Disabilities

American Civil Liberties Union of North Carolina
Legal Foundation

P. O. Box 28004, Raleigh, NC 27611-8004
Phone: (919) 834-3466 Fax: (866) 511-1344 Email: aclunc@nc.rr.com


*** PRESS RELEASE *** PRESS RELEASE *** PRESS RELEASE ***

ACLU Files Lawsuits After Government Wrongfully Deports U.S. Citizen With Mental Disabilities

Case Highlights Lack Of Due Process In Immigration Detention System

FOR IMMEDIATE RELEASE:
October 13, 2010

RALEIGH – The American Civil Liberties Union, the ACLU of North Carolina, and the ACLU of Georgia today filed lawsuits in federal courts in North Carolina and Georgia on behalf of Mark Lyttle, a U.S. citizen of Puerto Rican descent with mental disabilities who was wrongfully deported to Mexico and forced to endure over four months of living on the streets and in the shelters and prisons of Mexico, Honduras, Nicaragua and Guatemala.

“What happened to Mark Lyttle is unconscionable,” said Judy Rabinovitz, Deputy Director of the ACLU Immigrants’ Rights Project. “Our Constitution and our laws demand fair treatment for people with mental disabilities in any court, including immigration courts. Pushing Mr. Lyttle through proceedings that he clearly couldn’t understand and then deporting him was not only inhumane but a gross violation of his due process rights. The complete lack of concern for the well-being of a man who would have obvious difficulties surviving on his own is truly appalling. What he suffered shouldn’t happen to anyone regardless of citizenship status.”

Lyttle’s entanglement with immigration authorities began when he was about to be released from a North Carolina jail where he was serving a short sentence for inappropriately touching a worker’s backside in a halfway house that serves individuals with mental disorders. Despite having ample evidence that Lyttle was a U.S. citizen – including his social security number, the names of his parents, his sworn statements that he was born in the United States and criminal record checks – officials from the North Carolina Department of Correction referred him to Immigration and Customs Enforcement (ICE) as an undocumented immigrant whose country of birth was Mexico. Lyttle had never been to Mexico, shared no Mexican heritage, spoke no Spanish and did not claim to be from Mexico.

The state of North Carolina has an agreement with ICE requiring state officials to report all incarcerated individuals whom they believe were born in other countries. ICE began investigating Lyttle and sent him to the Stewart Detention Facility, an immigration detention center in Lumpkin, Georgia, where he spent six weeks.

Although ICE knew of Lyttle’s long and documented history of mental disabilities and noted he did not comprehend the investigation of his status, he was not offered legal assistance and was deported to Mexico.

“Mark Lyttle was born right here in Rowan County, North Carolina,” said Katy Parker, Legal Director for the ACLU of North Carolina Legal Foundation. “There was plenty of evidence indicating that fact, and with the slightest bit of effort, the government could have confirmed his U.S. citizenship instead of shipping this poor man off to a country where he didn’t even speak the language.”

Lyttle was left alone and penniless in Mexico and unable to communicate in Spanish. Mexican authorities sent him to Honduras, where he was imprisoned and faced with guards who threatened to shoot him. Honduran officials sent him to Guatemala and, eventually, he made his way to the U.S. Embassy in Guatemala City. Within a day, embassy officials contacted one of Lyttle’s three brothers at the military base where he was serving, leading to Lyttle being issued a U.S. passport. His brother wired him money, and Lyttle was soon on a flight to Atlanta. Upon Lyttle’s arrival, border officials, seeing his history of ICE investigations, held and questioned him for several hours before letting him go.

During this four-month ordeal, Lyttle was unable to take his medications to treat his mental disabilities and was subject to cycles of manic activity and depression. He is now living in Griffin, Georgia, where he is recovering and receiving medication for his mental health problems.

“I didn’t think what happened to my brother could ever happen in America. We’re supposed to be protecting people’s rights and freedoms here,” said David Lyttle, one of Mark Lyttle’s brothers and who is currently living in South Carolina. “Nothing can take back what he suffered, but I hope this lawsuit prevents other people from going through the same thing he did.”

The lawsuits, filed by the ACLU in conjunction with lawyers at Troutman Sanders in Georgia and McKinney & Justice in North Carolina, seek damages and injunctive relief for violations of Lyttle’s constitutional rights to due process and equal protection.

Copies of today’s lawsuits are posted online.

The widespread failure of the Department of Homeland Security and the Department of Justice to implement a system to identify immigration detainees who have severe mental disabilities and provide them assistance throughout the detention and court process was recently documented in a report jointly published by the ACLU and Human Rights Watch. The report can be found at: www.aclu.org/human-rights/deportation-default-mental-disability-unfair-hearings-and-indefinite-detention-us-immig

Wednesday, October 13, 2010

NC News: Early Voting Starts Thursday, October 14th

Early Voting in North Carolina begins on Thursday, October 14th. We encourage you to take advantage of voting at Early Voting sites across North Carolina.

Here is the link to Early Voting Sites in North Carolina.

A reminder of your rights as a voter in North Carolina.

MY VOTING RIGHTS
As a voter with a disability I have the right to:
1) Not be denied my right due to a disability.
2) Vote if I am in line before the polls close.
3) Choose a person to help me, but this person cannot be my employer or an agent of my employer or union.
4) Be reassigned before the election to a site accessible to me.

WAYS TO VOTE
1) Voting inside the polling site…..usually accessible, but maybe not for all
2) Curbside voting….If you can get to the voting site, but can’t get into the building because of your disability, a poll worker can come to your vehicle.
3) Absentee Ballot by mail….Any registered voter is authorized to vote by mail using an absentee ballot.
4) Absentee One-Stop (No excuse)…Allows voters to vote in person ahead of the election by up to 19 days.
5) Satellite voting sites…Some counties establish a plan that allows voters with disabilities to vote at designated sites.

WHAT IF I HAVE TROUBLE
1) Laws protect your right to register and vote
2) Call the County Board of Elections and State Board of Elections
3) Call Disability Rights NC
4) You may always vote a provisional or contested ballot

Special Thanks to Disability Rights North Carolina for the Voting Rights information

Tuesday, October 12, 2010

NCGA: Joint Legislative Oversight Committee Meeting MH/DD/SAS Agenda

Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA
October 13, 2010 9:30 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding

9:30 Welcome and Opening Remarks
Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair

9:30-10:00 Secretary's Remarks Lanier Cansler, Secretary
Department of Health and Human Services

10:00-10:15 Expenditures & Utilization Tracking Update Craigan Gray, M.D., State Medicaid Director
Division of Medical Assistance

10:15-11:00 SIS Assessment Tool Pilot Project Rose Burnett
(Implementation of Sec. 10.6 of Budget Bill) DD Project Manager, DMH/DD/SAS

11:00-11:30 Independent Assessments/MH Services
(Implementation of Sec. 10.36 of Budget Bill) Beth Melcher, Ph.D.
Asst. Secretary for MHDDSA Services Development

11:30-11:45 Update on Dorothea Dix Hospital &
Report on Operating Budget
(Sec. 10.10 of Budget Bill) Luckey Welsh
Director of State Operated Healthcare Facilities

11:45-12:45
Lunch

1:00-1:45 National Health Reform: Overview and Impact on MH/DD/SA Services Pam Silberman, JD, DrPH
President & CEO, NC Institute of Medicine
Publisher, NC Medical Journal

1:45-2:15 Implementation Update on CAP-MR/DD Tiered Waiver Rose Burnette
DD Project Manager, DMH/DD/SAS

2:15-2:45 LME Presentation on Youth Villages Transitional Living Program Sabrina Russell-Holloman, Utilization Management Supervisor, Guilford Center Behavioral Health and Disability Services

Mary Lee, Business Development Specialist, Transitional Living, Youth Villages

Annie Smith, State Director, Youth Villages

2:45-3:00 Analysis of Effectiveness of Single Stream Funding (S.L. 2009-191, Sec. 2) Steve Jordan
Director, DMH/DD/SAS

3:00 Closing Comments & Adjournment

Hill Report: NOD/Harris Survey-Disability Employment

NOD News
Harris Interactive Survey: Largest Minority Group Falls Behind in Companies’ Attempts to Diversify
Kessler Foundation and National Organization on Disability Call on Employers to Hire Americans with Disabilities

NEW YORK, October 5, 2010 – A new survey sponsored by Kessler Foundation and National Organization on Disability (NOD) finds that although corporations recognize that hiring employees with disabilities is important, most are hiring very few of these job seekers and few are proactively making efforts to improve the employment environment. These results, from the Kessler Foundation/National Organization on Disability 2010 Survey of Employment of Americans with Disabilities conducted by Harris Interactive, are especially important given the focus on employment by media and government and with October recognized as National Disability Employment Awareness Month.

Data released in July 2010 from an earlier study, the Kessler Foundation/NOD Survey of Americans with Disabilities, found that little progress has been made in closing the employment gap between people with and without disabilities since the passage of the Americans with Disabilities Act in 1990. In fact, only 21 percent of people with disabilities, ages 18 to 64, reported that they are working either full or part-time, compared to 59 percent of people without disabilities.

From this latest survey, although 70 percent of corporations polled have diversity policies or programs in place, only two-thirds of those with programs include disability as a component. Only 18 percent of companies offer an education program aimed at integrating people with disabilities into the workplace. The low figures are particularly notable given that a majority of employers perceive the costs of hiring a person with a disability to be the same as hiring a person without a disability (62 percent).

Read More Here

Wednesday, October 6, 2010

NCGA: Joint Legislative Oversight Committee Meeting MH/DD/SAS Agenda

Notice: The Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Service will be meeting on Wednesday, October 13, 2010.

Here is the agenda for the next meeting. As always, we encourage you to attend this meeting or listen on line.


Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA

October 13, 2010 9:30 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding

9:30 Welcome and Opening Remarks
Senator Martin Nesbitt, Co-Chair
Representative Verla Insko, Co-Chair

9:30-10:00 Secretary's Remarks Lanier Cansler, Secretary
Department of Health and Human Services

10:00-10:15 Expenditures & Utilization Tracking Update Craigan Gray, M.D., State Medicaid Director
Division of Medical Assistance

10:15-11:00 SIS Assessment Tool Pilot Project Rose Burnett
(Implementation of Sec. 10.6 of Budget Bill) DD Project Manager, DMH/DD/SAS

11:00-11:30 Independent Assessments/MH Services
(Implementation of Sec. 10.36 of Budget Bill) Beth Melcher, Ph.D.
Asst. Secretary for MHDDSA Services Development

11:30-11:45 Update on Dorothea Dix Hospital &
Report on Operating Budget
(Sec. 10.10 of Budget Bill) Luckey Welsh
Director of State Operated Healthcare Facilities

11:45-12:45
Lunch

1:00-1:45 National Health Reform: Overview and Impact on MH/DD/SA Services Pam Silberman, JD, DrPH
President & CEO, NC Institute of Medicine
Publisher, NC Medical Journal

1:45-2:15 Implementation Update on CAP-MR/DD Tiered Waiver Rose Burnette
DD Project Manager, DMH/DD/SAS

2:15-2:45 LME Presentation on Youth Villages Transitional Living Program Sabrina Russell-Holloman, Utilization Management Supervisor, Guilford Center Behavioral Health and Disability Services

Mary Lee, Business Development Specialist, Transitional Living, Youth Villages

Annie Smith, State Director, Youth Villages

2:45-3:00 Analysis of Effectiveness of Single Stream Funding (S.L. 2009-191, Sec. 2) Steve Jordan
Director, DMH/DD/SAS

3:00 Closing Comments & Adjournment

Tuesday, October 5, 2010

Hill Report: President Obama Signs Rosa's Law

BREAKING NEWS: Disability Scoop is reporting that President Barack Obama has signed "Rosa's Law"

Obama Signs Bill Replacing ‘Mental Retardation’ With ‘Intellectual Disability’
By MICHELLE DIAMENT
October 5, 2010 Text Size A A
President Barack Obama signed legislation Tuesday requiring the federal government to replace the term “mental retardation” with “intellectual disability” in many areas of government.
The measure known as Rosa’s Law was approved unanimously by Congress before receiving the go-ahead from the president with little fanfare this week.
Under the law, “mental retardation” and “mentally retarded” will be stripped from federal health, education and labor policy. “Intellectual disability” and “individual with an intellectual disability” will be inserted in their place. The rights of individuals with disabilities will remain the same.
“This is a really important step, particularly for the self-advocacy community,” said Peter Berns, CEO of The Arc, which lobbied heavily for Rosa’s Law. “Self-advocates have been working for many years to remove hurtful language and this takes our community one step closer.”
Even with the new law in effect, the terms will not be swapped out immediately. That’s because the change will be implemented gradually over the next several years as laws and documents are revised so that the alteration does not incur any cost.

Read more at Disability Scoop.

Monday, October 4, 2010

Hill Report: October Is Disability Employment Month-Presidential Proclamation

Presidential Proclamation--National Disability Employment Awareness Month

As Americans, we understand employment and economic security are critical to fulfilling our hopes and aspirations. We also know we are stronger when our country and economy can benefit from the skills and talents of all our citizens. No individual in our Nation should face unnecessary barriers to success, and no American with a disability should be limited in his or her desire to work. During National Disability Employment Awareness Month, we renew our focus on improving employment opportunities and career pathways that lead to good jobs and sound economic futures for people with disabilities.

This year marks the 20th anniversary of the Americans with Disabilities Act (ADA), the landmark civil rights legislation that established a foundation of justice and equal opportunity for individuals with disabilities. In the two decades since its passage, much progress has been made. However, Americans with disabilities continue to be employed at a rate far below Americans without disabilities, and they are underrepresented in our Federal workforce.

My Administration is committed to ensuring people living with disabilities have fair access to jobs so they can contribute to our economy and realize their dreams. To help achieve this goal, I signed an Executive Order in July to increase Federal employment of individuals with disabilities. This directive requires Federal agencies to design model recruitment and hiring strategies for people with disabilities, and to implement programs to retain these public servants. To ensure transparency and accountability, agencies will report on their progress on hiring people with disabilities, and the Office of Personnel Management will post the results of agencies' efforts online for public evaluation. As the Nation's largest employer, the Federal Government can become a model employer by increasing employment across America of individuals with disabilities.

The 21st-century economy demands a highly educated workforce equipped with the technology and skills to maintain America's leadership in the global marketplace. Technology has changed the way we work, and the Federal Government is leveraging emerging, assistive, and other workplace technologies to improve the options available for everyone, including workers with disabilities. We must improve the accessibility of our workplaces and enable the collaboration and contributions of every employee, and that is why I look forward to signing into law the Twenty-First Century Communications and Video Accessibility Act of 2010. This legislation will greatly increase access to technology, with advances in areas such as closed captioning, delivery of emergency information, video description, and other advanced communications -- all essential tools for learning and working in today's technological society.

Individuals with disabilities are a vital and dynamic part of our Nation, and their contributions have impacted countless lives. People with disabilities bring immeasurable value to our workplaces, and we will continue to address the challenges to employment that must be overcome. This month, let us rededicate ourselves to fostering equal access and fair opportunity in our labor force, and to capitalizing on the talent, skills, and rich diversity of all our workers.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2010 as National Disability Employment Awareness Month. I urge all Americans to embrace the unique value that individuals with disabilities bring to our workplaces and communities and to promote everyone's right to employment.

IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth.