Advocates for the disabled file lawsuit against California

September 28, 2011

Advocates for Californians with developmental disabilities filed a lawsuit against the State of California Wednesday alleging the State is violating federal law by failing to adequately fund services needed by individuals with developmental disabilities.

The suit claims the State has abandoned people with developmental disabilities and exposed them to health and safety risks by failing to provide reasonable support services.  And that a decade of rate freezes, program closures and devastating budget cuts have destroyed many community-based services, leaving 245,000 Californians with developmental disabilities at serious risk.

“As California taxpayers, we fully appreciate the State’s need to reduce costs, but we cannot allow the State to endanger its citizens and risk their basic civil rights,” said Tony Anderson, Executive Director, The Arc California.

“It’s illegal to slash basic support services that allow Californians with developmental disabilities to live safely in their communities,” Anderson continued. “These basic civil rights cannot be compromised or bargained away as part of a budget deal. The State of California must follow the law and honor its commitment to serve and protect the rights of Californians with developmental disabilities.”

The suit, filed in federal court, says California’s failure to fund programs has devastated community service providers, whose reimbursement rates have been frozen since 2003.  Many community providers have been forced to limit services or close completely.

A decade ago, a report prepared by the Department of Developmental Services warned the State that its lack of reasonable funding would adversely affect tens of thousands of disabled individuals and place them at risk of harm.

“Despite repeated warnings from top state experts and the State Auditor General, California continued to withhold necessary funding and push these programs to the brink of collapse,” said Dave Carucci, Executive Director UCP San Diego.

“It’s not right, fair or legal and must be stopped, Carucci added. “The State’s neglect has left Californians with developmental disabilities at great risk, their health and safety is in jeopardy. All we are asking is that California comply with both state and federal law to ensure the basic needs of these individuals with intellectual and developmental disabilities are met.”

The federal lawsuit accuses the State of violating federal law, specifically the Federal Home and Community Based Service Providers (HCBS) waiver program, by reducing rates and reimbursements without federal approval, and without considering impacts on federally required safeguards.

The suit also accuses the State of violating California’s landmark Lanterman Act, which was signed by former Gov. Ronald Reagan in 1969.  That groundbreaking statute guarantees individuals with intellectual and developmental disabilities the right to obtain the support services necessary to live as independently as possible in their own communities. Prior to the Lanterman Act, people with developmental disabilities were confined to state-run institutions, where they were warehoused in overcrowded facilities far from their families.

However, after more than a decade of funding neglect, including another $174 Million funding cut this summer, support programs that allow Californians with developmental disabilities to live in their communities are shutting down. The suit says that if Californians with developmental disabilities do not receive the community-based support they need and deserve, thousands may end up being shipped to state-run institutions where the cost to taxpayers soars. Community-based services cost a fraction of the $340,000 expense per person in State institutions.

This lawsuit asks the Court to enforce laws which require the State to provide the necessary funding to ensure adequate care. filed a lawsuit against the State of California Wednesday alleging the State is violating federal law by failing to adequately fund services needed by individuals with developmental disabilities.

The suit claims the State has abandoned people with developmental disabilities and exposed them to health and safety risks by failing to provide reasonable support services.  And that a decade of rate freezes, program closures and devastating budget cuts have destroyed many community-based services, leaving 245,000 Californians with developmental disabilities at serious risk.

“As California taxpayers, we fully appreciate the State’s need to reduce costs, but we cannot allow the State to endanger its citizens and risk their basic civil rights,” said Tony Anderson, Executive Director, The Arc California.

“It’s illegal to slash basic support services that allow Californians with developmental disabilities to live safely in their communities,” Anderson continued. “These basic civil rights cannot be compromised or bargained away as part of a budget deal. The State of California must follow the law and honor its commitment to serve and protect the rights of Californians with developmental disabilities.”

The suit, filed in federal court, says California’s failure to fund programs has devastated community service providers, whose reimbursement rates have been frozen since 2003.  Many community providers have been forced to limit services or close completely.

A decade ago, a report prepared by the Department of Developmental Services warned the State that its lack of reasonable funding would adversely affect tens of thousands of disabled individuals and place them at risk of harm.

“Despite repeated warnings from top state experts and the State Auditor General, California continued to withhold necessary funding and push these programs to the brink of collapse,” said Dave Carucci, Executive Director UCP San Diego.

“It’s not right, fair or legal and must be stopped, Carucci added. “The State’s neglect has left Californians with developmental disabilities at great risk, their health and safety is in jeopardy. All we are asking is that California comply with both state and federal law to ensure the basic needs of these individuals with intellectual and developmental disabilities are met.”

The federal lawsuit accuses the State of violating federal law, specifically the Federal Home and Community Based Service Providers (HCBS) waiver program, by reducing rates and reimbursements without federal approval, and without considering impacts on federally required safeguards.

The suit also accuses the State of violating California’s landmark Lanterman Act, which was signed by former Gov. Ronald Reagan in 1969.  That groundbreaking statute guarantees individuals with intellectual and developmental disabilities the right to obtain the support services necessary to live as independently as possible in their own communities. Prior to the Lanterman Act, people with developmental disabilities were confined to state-run institutions, where they were warehoused in overcrowded facilities far from their families.

However, after more than a decade of funding neglect, including another $174 Million funding cut this summer, support programs that allow Californians with developmental disabilities to live in their communities are shutting down. The suit says that if Californians with developmental disabilities do not receive the community-based support they need and deserve, thousands may end up being shipped to state-run institutions where the cost to taxpayers soars. Community-based services cost a fraction of the $340,000 expense per person in State institutions.

This lawsuit asks the Court to enforce laws which require the State to provide the necessary funding to ensure adequate care.