The following complaints were sent to Gov. Brian Sandoval. Each of them relates to the same, ongoing discrimination against people with disabilities who are deprived equal participation in the Independent Caregiver Homecare Option.
Thursday, September 08, 2011
Dear Gov. Sandoval,
My name is S.R, (Initials substituted for privacy.) I have some concerns about my state provided homecare. I have asked Rick Cline to help me to address these concerns.
I've been told about the Independent Caregiver Option. I believe it would cost effectively allow me to offer higher pay to the people who provide my homecare services and add more flexibility and independence in my life. Rick and I communicated with Medicaid staff who, repeatedly stated I would not be allowed to participate. Their simplistic answer is that I can't participate because there are plenty of other options.
Although I am a Medicaid qualified individual with disabilities, I was not afforded the opportunity to participate in the service. This is not equal to that afforded others and so I believe is discrimination and in violation of my ADA rights.
I believe all citizens, including disabled people, are assured of equal treatment from government authorities. So, I'm now appealing to you for better treatment. Please require evenhanded administration by your Medicaid people and allow me, to fairly and equally be permitted to use the Independent Caregiver Option, just as others are allowed.
Also, if you are afraid that by participation I would bring some particular liability, I would gladly sign a waiver, as you see fit, to mitigate any perceived liabilities. Please sir, protect my ADA rights from further infringement.
S.R, (Initials substituted for privacy.)
Please send all correspondence to:
Rick Cline/Attn: S.R, (Initials substituted for privacy.), 90 Gault Way, Sparks, NV 89431
September 27, 2011
L&L G. (These initials substituted for privacy)
(Northern Nevada address is omitted here to protect privacy.)
Gov. Brian Sandoval
State Capitol Building
101 N. Carson Street
Carson City, NV 89701
Dear Governor Sandoval:
LG and I are writing to ask you to reverse what we consider an unfairness relating to the independent contractor homecare option. (It is also referred to as the IC option, Independent Caregiver Option, or the PCA-D program.) We recently requested to enroll in that option and, on the basis that we were not "grandfathered in", were told we could not participate. We strongly believe, all Medicaid eligible homecare recipients who are capable of managing their own care, should be evenhandedly allowed to participate in this self-directed care option. I am a teacher with a Master Degree. LG has a BS in Civil Engineering, and is paralyzed from the chest-down. We are able to manage caregivers, and are informed and experienced with the common Nevada Medicaid homecare models, including Consumer Direct, (an ISO). We can do better by managing our own care while rightly paying our caregivers a higher wage. Only the Independent Contractor Option gives this flexibility and wage benefit and, it does this without costing the state more money.
We are hoping that you will act to end this discrimination and so help many disabled people to enjoy a better quality of life. Finally, we do have some valid concerns about retaliation from Medicaid Administration, and are requesting your protection for our Medicaid Worker, PW, who has been wonderful and for ourselves.
L &LG, (Initials substituted for privacy.)
(This formal complaint is based on Department of Justice guidelines for determining when discrimination violation is occurring.)
Disability Discrimination and First Amendment Right Violations
My name is Rick Cline.
My address is 90 Gault Way, Sparks, NV 89431.
My telephone number is 775-356-5351.
Who is being discriminated against?
1. The persons discriminated against are a large body of folks, (perhaps 300+ disabled), who were and are deprived of the Independent Caregiver Option which is offered to a few of us who have still managed to maintain use of the option. (This is discrimination in that it does not, "Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others."
2. Over a period of years I have suffered threats and retaliations because of my representation of these and other related advocacy efforts. My determination to finally move forward with a discrimination complaint has been met with a very direct threat, (on March 23), of elimination of my current home care system. (This is a violation of my first amendment right in that it threatens extremely harmful circumstances upon me in response to my "petition of the government for redress of grievances.")
(A third discrimination item, as well as some other unrelated information, is omitted from this complaint copy.)
Who is responsible for the violations?
1. Director Michael Willden, Deputy Director Mary Liverratti, and Administrator Chuck Duarte of the…
Nevada State Department of Health and Human Services, and Medicaid Division
4126 Technology Way, Room 100
Carson City, NV 89706-2009
2. To a lesser degree (see attached letter), Brian Sandoval, Governor of the State of Nevada.
101 N. Carson Street
Carson City, NV 89701
Please let me know what additional information you need. I am a high-level SCI quadriplegic and somewhat frail. So, I need help preparing documents and gathering of related information.