Expansion
of Community Residential Programs for People with Disabilities
by
Herbert D. Hinkle, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
I recently spoke
at the National Conference of the Autism Society of America held in
Kansas City. Here is an important impression I drew from this experience:
Last month's decision
by the Supreme Court (Olmstead v. L.C.) should give further
impetus to efforts to expand community residential programs for people
with disabilities. The Olmstead Court ruled that the Americans
with Disabilities Act compelled states to adopt comprehensive and
effective programs of de-institutionalization.
Much attention
has been given to expanding the number of community residential programs
and the concomitant reduction in the number of people waiting at home
or in institutions for such programs. However, these numbers mask
the problems that is plaguing community residential programs throughout
the nation and which threatens to undermine those programs.
Over the past
decade, in an effort to wring more placements from community service
dollars, the states have decreased and almost eliminated pay raises
and cost of living increases for direct care staff. Funds for maintenance
have been slashed from the budget. Consequently, direct care staff
receive increasingly low wages (in real dollars) for high responsibility
positions. No wonder turnover is high and good employees are hard
to come by. Beyond this, physical conditions are deteriorating. These
are problems that cannot be ignored. Eventually, the states will have
to recognize that quality is being sacrificed for quantity.
A modest proposal
would be to allow families to earmark social security funds for facility
enhancement in lieu of forcing them to turn such funds over to the
general treasury of each state. The loss of revenue would be negligible
while improvements would be substantial. Such an approach would also
spur private contributions by families.
Copyright 1999
H.D. Hinkle. All rights reserved.
Mr. Hinkle
maintains a multi-state law practice with offices in Lawrenceville,
Florham Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his
colleagues Ira Fingles, and Paul Prior lecture and write frequently
on topics of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
