News Highlights For November & December 2008
From Inclusion Daily Express Disability Rights News Service

Accessibility
Advocates Mobilize To Let Institution Residents Know Of Their Right To Vote
Accessibility Only Applies To "Official" Polling Places In Indiana
YMCA Probably Won't Build Temporary Ramp
U.S. Supreme Court Refuses To Hear Molski Appeal
Ninth Circuit Overturns Ruling On Disabled Seating At Movie Theaters
Advocacy Firm Reaches Accessibility Agreement With Golden Gate Recreation Area

Advocacy
Disability Rights Coalition Criticizes McCain-Palin Ticket
Iowans Vote To have "Idiot" Dropped From State Constitution
The Arc Wants To Training Centers Closed
Texas Advocates Interrupt Meeting To Voice Outrage Over Latest Federal Report

Community Living
People With Developmental Disabilities Celebrate Agreement With State Of Illinois
Several States Cut Services For Seniors And People With Disabilities
Economy Slows Progress For Coloradoans With Developmental Disabilities

Crimes Against People With Disabilities
County Investigates State-Licensed Care Provider Over Woman's Death
Watchdog: State Failed Girl That Died From Restraint, And May Still Fail Others
County Decides To Settle Inmate's Civil Rights Lawsuit

Education
Board Suspends Kindergarten Teacher That Held Class Vote To Oust 5-Year-Old
Ten-Year-Old Held Three Days In Juvenile Detention After Acting Up In Class
Crowd Calls On University Board To Let Student Live In Dorm
Disability Advocacy Group Sues Oakland University Over Student Dorm Issue
Former Teacher Sues School District Over Corporal Punishment Refusal
University, DOJ Agree On Plan To Improve Campus Accessibility

Employment
Recession Hits Americans With Disabilities Extra Hard
State Training Facility Sits On Superfund Hazard Site

Institutions
Officials Defend Staffing Decisions At Glenwood
Video Shows Patient's Death While Staff Played
Officials Contest Justice Department Allegations Over Beatrice Center
State Fires Three Workers, Disciplines Ten More, Over Patient's Death
State Fines Woodward Resource Center $12,500 For Latest Violations
Justice Department Blasts Texas Over Institution Problems
Advocacy, Inc. Calls For Halting Texas State School Admissions
Alabama Advocacy Program Demands State Close Partlow Center
Despite Laws, Mental Patients Are Locked Up For Years

In Other News
Washington Voters Pass Assisted Suicide Measure
Veteran Angered After VA Hospital Refused Service Dog
Most Kids Dropped Off At Nebraska Safe Havens Share Mental Health Challenges
Dad Chains Self To Power Meter To Keep Power On For Daughter's Medical Equipment
Legislative Audit Finds Agency Fails People With Mental Disabilities
Governors Push President-Elect For Help With Budget Shortfalls
FDA Denies 'Medical Device' Status To Palm Pistol
New World Wide Web Accessibility Standards Introduced
BYU Study: Physical Disabilities Bring Marital Happiness
Census: Number Of Americans With Disabilities Reaches 54.4 Million
States Slash Medicaid Coverage

ACCESSIBILITY

Advocates Mobilize To Let Institution Residents Know Of Their Right To Vote
RICHMOND, VIRGINIA--Disability rights advocates across the country mobilized this fall to make sure people in psychiatric hospitals, nursing homes, and other institutions know of their rights and exercise them on Election Day. For months, advocates have helped those with mental disabilities to register to vote, fill out absentee ballots, or get to and from polling sites. They have been met with resistance by others who fear that those outside the facilities might influence the votes of residents. --

Accessibility Only Applies To "Official" Polling Places In Indiana
TERRE HAUTE, INDIANA--In Indiana, voters with disabilities are allowed to have an assistant help them at their polling places. But the law is not very clear when it comes to "satellite" voting stations, which are set up at locations other than the courthouse, such as in shopping malls. Several voters contacted the Tribune-Star to report that poll workers did not allow them to vote early at satellite locations, saying the law only applied to "official" polling places, and only on Election Day.

YMCA Probably Won't Build Temporary Ramp
GREENWICH, CONNECTICUT--The Greenwich Family YMCA said it plans to make its facilities fully accessible, but probably not until it has finished renovating the 96-year-old building -- next summer. The family of Luis Gonzalez-Bunster had asked the Y to make its facility accessible to him and his wheelchair so he can train for a January marathon. His sister Carolina had toured the building last month and found that, even though nearly everything inside the newly remodeled facility was accessible, there were no ramps or lifts for Luis to get into the building. The family's attorney has threatened to take the Y to court for failing to follow city, state and federal accessibility laws.

U.S. Supreme Court Refuses To Hear Molski Appeal
WASHINGTON, DC--California's self-proclaimed ADA "Sheriff" has run out of appeals in his crusade to make businesses comply with the 18-year-old federal law. In November, the U.S. Supreme Court turned down Jarek Molski's appeal of a federal judge's order that he can no longer use the Americans with Disabilities Act to file lawsuits against businesses that fail to be accessible to him and other wheelchair users, and other people with disabilities. The high court did not comment on why it refused to hear Molski's appeal. Between 1998 and 2004, Molski filed more than 400 lawsuits over accessibility problems in restaurants, wineries and other California businesses, mostly in coastal towns. He said he considered himself a public servant that simply tried to make businesses comply with the 1990 anti-discrimination law.

Ninth Circuit Overturns Ruling On Accessible Seating At Movie Theaters
SAN FRANCISCO, CALIFORNIA--The Ninth U.S. Circuit Court of Appeals overturned a ruling that would have required a major movie theater chain to retrofit auditoriums at 96 multiplexes containing nearly 2,000 auditoria around the country to comply with the Americans With Disabilities Act. The court's three-member panel unanimously agreed that U.S. District Judge Florence-Marie Cooper abused her discretion when she ordered AMC Entertainment, Inc. to modify multiplexes that were designed or built before the government gave "fair notice" of what it believed was required so that patrons with disabilities could watch films in facilities with stadium-style seating.

Advocacy Firm Reaches Accessibility Agreement With Golden Gate Recreation Area
MARIN, CALIFORNIA--An agreement has been worked out between the nonprofit law firm Disability Rights Advocates and the Golden Gate National Recreation Area that will make park lands more accessible to people with disabilities. The agreement settles a class-action lawsuit that the group filed against the National Park Service alleging park areas and trails were not accessible.

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ADVOCACY

Disability Rights Coalition Criticizes McCain-Palin Ticket
WASHINGTON, DC--The National Coalition for Disability Rights has condemned the Republican Presidential campaign of Senator John McCain and Alaska Governor Sarah Palin for "ridiculing the legal rights of people with disabilities." NCDR referred to news reports that McCain-Palin campaign representative Senator Kit Bond joined Palin in a Missouri rally, mocking Democratic Presidential candidate Senator Barack Obama for saying he wants to nominate federal judges that empathize with people that have disabilities. Disability rights groups have already criticized McCain for his refusal to support the Community Choice Act, a bipartisan measure that would allow Medicaid long-term care recipients to choose supports to stay in their own homes rather than being forced into nursing homes and other institutions.

Iowans Vote To have "Idiot" Dropped From State Constitution
DES MOINES, IOWA--At a margin of 4 to 1, Iowa voters passed a ballot measure that will change the state's Constitution to describe someone who can't vote because of mental disabilities as "a person adjudged mentally incompetent to vote," rather than an "idiot or insane person." It required a majority to pass.

The Arc Wants To Training Centers Closed
RICHMOND, VIRGINIA--More than 400 disability advocates, organized by The Arc, gathered at the Virginia capitol end early December to send lawmakers the message that everyone should live in the community, not in institutions. The advocates have been calling for the closure of institutions in the state and for the money to go to local communities.

Texas Advocates Interrupt Meeting To Voice Outrage Over Latest Federal Report
AUSTIN, TEXAS--About 20 angry disability rights activists interrupted a meeting of the council advising the Department of Aging and Disability Services, to draw attention to a U.S. Department of Justice report that listed "systemic deficiencies" throughout Texas' 13 large institutions. Shouting "Fifty-three murders on your watch!" and "People are dying, shame on you!" the group, including members of Community Now!, waved signs and emptied a bag of 53 toy watches, painted red, on the floor near the panel. DADS officials called for security personnel, but about 10 minutes after the protest began, the demonstrators left without incident or arrests, local newspapers reported.

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COMMUNITY LIVING

People With Developmental Disabilities Celebrate Agreement With State Of Illinois
CHICAGO, ILLINOIS--A proposed agreement to settle a class-action lawsuit between nine plaintiffs and the State of Illinois, would mean 6,600 people with developmental disabilities living in large institutions will be given the opportunity to live in community-based settings. According to Equip for Equality, the proposed Consent Decree also requires the state to provide services to another 15,000 people on waiting lists who are at risk of institutionalization and currently living with their families. The suit alleged that the civil rights of many Illinoisans with developmental disabilities were being violated because they were not being given the choice to receive supports in the community.

Several States Cut Services For Seniors And People With Disabilities
WASHINGTON, DC--Faced with budget shortfalls, at least 15 states are cutting back support services for seniors and people with disabilities. The Wall Street Journal reported that advocates say this is making it more difficult for them to continue living independently. The cutbacks are exacerbating the already long waiting lists for home-care support services in many states. Declining revenues and tax receipts have led state agencies to cut spending, with 41 states facing current or looming deficits, according to the Center on Budget and Policy Priorities.

Economy Slows Progress For Coloradoans With Developmental Disabilities
COLORADO SPRINGS, COLORADO--Seven months after Governor Bill Ritter signed into law ten bills -- which were meant to provide jobs for Coloradoans with developmental disabilities, increase oversight of their care and reduce by up to 700 the number on a waiting list for community-based services -- those measures have been stalled because of lagging tax revenues. The Rocky Mountain News reported in late December that advocates say they are worried that some of the next steps in the legislation have not been introduced as promised.

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CRIMES AND ABUSE AGAINST PEOPLE WITH DISABILITIES

County Investigates State-Licensed Care Provider Over Woman's Death
CAMDEN, NEW JERSEY--The Hunterdon County Prosecutor's Office has launched an investigation into the November 10 death of Tara O'Leary. The 28-year-old woman weighed just 48 pounds when the New Jersey Division of Developmental Disabilities removed her and two housemates from a state-licensed home in September. The state Department of Human Services has also started its own internal investigation into the alleged mistreatment.

Watchdog: State Failed Girl That Died From Restraint, And May Still Fail Others
RICE LAKE, WISCONSIN--Two and a half years after 7-year-old Angellika "Angie" Arndt's prone restraint death, the state still has not done enough to prevent similar tragedies, according to a report released by Disability Rights Wisconsin. Angie died in May 2006 after being restrained facedown for 30 minutes in a "control hold" at the Rice Lake Day Treatment Center. In a 75-page report about the incident and the use of restraints and seclusion, Disability Rights Wisconsin said the state not only failed Angie, but that the response by the Wisconsin Department of Health Services "has been neither sufficient nor timely, nor with enough sense of urgency or importance to adequately safeguard against this type of death happening again to another Wisconsin child."

County Decides To Settle Inmate's Civil Rights Lawsuit
MISSOULA, MONTANA--Missoula county officials have agreed to pay $490,000 to settle a civil rights lawsuit filed by a jail inmate with psychiatric and intellectual disabilities. The officials were sued for allegedly violating the rights of the woman identified in legal papers only as "Adele". In November, Disability Rights Montana released a report, saying she was mistreated after she was arrested on July 1, 2006 for misdemeanor disorderly conduct. The investigation found that when Adele was brought to the jail, staff failed to screen her for mental illness, shot her several times with a pepperball gun, and then strapped her to a restraint chair for 44 minutes before decontaminating her.

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EDUCATION

Board Suspends Kindergarten Teacher That Held Class Vote To Oust 5-Year-Old
PORT ST. LUCIE, FLORIDA-- The St. Lucie County School Board on November 18 voted unanimously to suspend without pay Morningside Elementary School kindergarten teacher Wendy Portillo one year after she had her students vote on whether 5-year-old Alex Barton could remain in class. Portillo reportedly brought Alex, who has been diagnosed with Asperger syndrome, to the front of the class to hear from his classmates how his behavior affected them. Then, the students voted 14 to 2 to have him leave the class.

Ten-Year-Old Held Three Days In Juvenile Detention After Acting Up In Class
DENVER, COLORADO-- On November 14, police took Vincent Barros to juvenile detention, where he stayed for the next three days. Two police officers and three campus security members came into the Centennial Elementary classroom after receiving reports that the 10-year-old had begun acting up. A teacher's aide, however, said Vincent, who had bipolar disorder, had calmed down by the time the officers arrived. Vincent's mother said the whole thing could have been avoided if school officials had given the boy his medication.

Crowd Calls On University Board To Let Student Live In Dorm
ROCHESTER, MICHIGAN--On November 5, a crowd of about 120 people packed a meeting of the Oakland University board of trustees, many of them taking the podium to voice support for Micah Fialka-Feldman. The student, who has a learning disability, has been attending classes through a specialized program at the school. But university officials denied his request to live in a campus dormitory, saying dorm rooms are reserved for students earning at least eight credits in degree programs.

Disability Advocacy Group Sues Oakland University Over Student Dorm Issue
ROCHESTER, MICHIGAN--The Michigan Protection and Advocacy Service on November 26 filed a lawsuit against Oakland University, claiming the school violated federal fair housing and disability rights laws when it refused to allow a student with a learning disability to live in a campus dormatory. The suit was filed in U.S. District Court on behalf of 24-year-old Micah Fialka-Feldman, who has been attending university courses, volunteering on campus and participating in clubs through a special program. School officials refused to allow him to live in the dorms, saying they are reserved for degree-seeking students.

Former Teacher Sues School District Over Corporal Punishment Refusal
BOONEVILLE, MISSISSIPPI--Former special education teacher Kathy Anderson Lamb has filed a federal lawsuit against the Booneville School District, claiming her former employer violated her First Amendment right of free speech and also violated federal and state public policy. Lamb says her contract was not renewed because she refused to administer corporal punishment to a student with autism. Lamb reportedly said scientific research showed that corporal punishment makes things worse for children that have autism.

University, DOJ Agree On Plan To Improve Campus Accessibility
PITTSBURGH, PENNSYLVANIA--On December 9, the U.S. Department of Justice announced an agreement with Chatham University to make its Shadyside campus more accessible to people with disabilities. The Justice Department had determined the school had violated the Americans with Disabilities Act because of a lack of accessibility in both old and new buildings. Under the agreement, Chatham promised to provide better access to buildings, including its major academic complex; improved seating in the theater, lecture halls and the chapel; more accessible parking; outdoor and indoor ramps; new sidewalks; more accessible restrooms; and a van with wheelchair access.

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EMPLOYMENT

Recession Hits Americans With Disabilities Extra Hard
WASHINGTON, DC--The December 9 U.S. News and World Report wrote that the recession's crunch on jobs, wallets, and egos is hitting Americans with disabilities particularly hard. Advocates nationwide say they've seen a sharp increase in the number of workers with disabilities that have been laid off. And if data from 2007 -- as well as from previous recessions -- holds true for this year, people with disabilities will be cut from their jobs at a rate disproportionate to that of nondisabled workers. Nationwide belt-tightening has other implications, too. Government funding cuts, decreased revenue in the private sector, and smaller family budgets mean that programs and projects that help people with disabilities are at risk.

State Training Facility Sits On Superfund Hazard Site
GREENVILLE, SOUTH CAROLINA--South Carolina taxpayers paid more than $200,000 to buy property, which included a Superfund hazardous cleanup site -- where a center that trains about 200 adults with disabilities is located. The Greenville News reported that the state Department of Health and Environmental Control is continuing to investigate the extent of groundwater contamination on the site of the state-funded WorkAbility program.

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INSTITUTIONS

Officials Defend Staffing Decisions At Glenwood
GLENWOOD, IOWA--The Iowa Department of Human Services is defending its decision to hire a man to work at Glenwood Resource Center, despite revelations that he lost his teaching license in Nebraska after having a sexual relationship with a 17-year-old student. Jace Smrcka, 33, was hired on September 26 as the new director of program evaluation and risk management at Glenwood, which houses 320 adults and children with developmental disabilities. A DHS spokesman said the department did all of the usual background checks, but did not find anything to suggest Smrcka was not qualified for the job. Neither did any information about the fact that in 2002 Nebraska withdrew his teaching license for seven years over the relationship with the female Bellevue East High School student.

Video Shows Patient's Death While Staff Played
RALEIGH, NORTH CAROLINA--Security camera footage shows employees at Cherry Hospital falsified records to cover up negligence in the April 29 death of a psychiatric patient who choked on his medication, hit his head, and was left sitting in a chair for nearly a day without food or water. The News & Observer reported that the recordings showed employees playing cards, watching television and goofing off as Steven H. Sabock, 50, sat just a few feet away, his clothes soaked with urine. At least 16 staff members responsible for his care over four work shifts failed to recognize his condition and take action.

Officials Contest Justice Department Allegations Over Beatrice Center
OMAHA, NEBRASKA--At a November 19 hearing, Nebraska officials disputed U.S. Department of Justice allegations of deficiencies at Beatrice State Developmental Center. Justice Department investigators found about 200 cases of alleged neglect and abuse at the institution from late 2006 to late 2007. The allegations put in jeopardy about $29 million in federal Medicaid money to operate the facility.

State Fires Three Workers, Disciplines Ten More, Over Patient's Death
RALEIGH, NORTH CAROLINA--The Department of Health and Human Services has fired three Cherry Hospital employees and disciplined 10 others following the April 29 death of a Steven H. Sabock, a psychiatric patient that went without food or water for nearly 24 hours. Security camera footage showed that Sabock, who was diagnosed with bipolar disorder, choked on his medication, hit his head and was left in a chair, just a few feet from where employees played cards and watched television.

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State Fines Woodward Resource Center $12,500 For Latest Violations
WOODWARD, IOWA--Over a nine-week period, the state has fined Woodward Resource Center $12,500 for serious health and safety violations, according to the Des Moines Register. The facility houses 220 people with developmental disabilities. It had received just $7,500 in fines during the previous eight years.

Justice Department Blasts Texas Over Institution Problems
AUSTIN, TEXAS--In a letter to Governor Rick Perry, the U.S. Department of Justice wrote that the constitutional rights of people with developmental disabilities housed in the state's institutions are being violated. The 60-page letter outlined how the state is failing to protect those residents from harm, failing to provide adequate health care -- allowing some to die from "preventable conditions".

Advocacy, Inc. Calls For Halting Texas State School Admissions
AUSTIN, TEXAS--Immediately after the U.S. Department of Justice issued a scathing report about the mistreatment of people with developmental disabilities housed in 13 Texas institutions, the state's protection and advocacy system called for stopping all new admissions to the facilities. Advocacy, Inc., also called for the state to ban the use of straightjackets and some other restraints, and to stop staff from dispensing medications to residents without doctors' orders. Texas houses about 5,000 people in state-operated institutions, here called "State Schools". That's more than in any other state.

Alabama Advocacy Program Demands State Close Partlow Center
MONTGOMERY, ALABAMA--The Alabama Disabilities Advocacy Program has demanded the state close the Partlow Developmental Center in Tuscaloosa next year because it doesn't serve residents well. ADAP Executive Director Ellen B. Gillespie said Partlow's 200 residents live in substandard, unclean and dangerous conditions. Partlow also is too expensive to operate at about $263,000 per resident annually, she said.

Despite Laws, Mental Patients Are Locked Up For Years
STAUNTON, VIRGINIA--According to the Associated Press, psychiatric patients housed in America's mental hospitals are being locked up alone for years despite laws aimed at preventing the practice, because medical workers say they're too dangerous to handle any other way. Health officials say they are unpredictably violent people who don't respond to medication or other treatment. Advocates call them victims of a system that has lost patience and creativity in caring for those who are most difficult to treat.

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IN OTHER NEWS

Washington Voters Pass Assisted Suicide Measure
SEATTLE, WASHINGTON--Voters in Washington voted on November 4 to make theirs the second state after Oregon to legalize assisted suicide. Initiative 1000 will make it legal for doctors to prescribe lethal doses of a drug for patients with terminal illnesses to kill themselves. Disability rights groups opposed I-1000. Some told the Seattle Times that they would look at various options to continue the fight against the measure.

Veteran Angered After VA Hospital Refused Service Dog
INDIANAPOLIS, INDIANA--A U.S. Air Force veteran claims that the Veterans Affairs Medical Center in downtown Indianapolis told him he could not bring his assistance dog inside. Service dogs are allowed in any public place under Indiana law. But Robin Davis claims the VA hospital would not allow "Doc", his 5-year-old Labrador Retriever, to accompany him when he went to have his medications adjusted. Doc helps Davis when he experiences seizures.

Most Kids Dropped Off At Nebraska Safe Havens Share Mental Health Challenges
LINCOLN, NEBRASKA--Nearly all of the children dropped off under Nebraska's safe haven law have had histories of mental health problems, the Omaha World-Herald reported. An analysis of common threads among 30 safe haven cases, done by the Nebraska Department of Health and Human Services, found that many share similar struggles. All but three had received mental health services. All but three were living with a single parent, while 22 had a parent or guardian that had been jailed.

Dad Chains Self To Power Meter To Keep Power On For Daughter's Medical Equipment
HILAND PARK, FLORIDA --Tony Duncan chained himself to the power meter outside his family's home, in an effort to prevent Gulf Power from disconnecting the electricity. Duncan and his wife, Kathy, were pleading with the power company, saying power was needed to keep their 5-year-old daughter Makayla's medical equipment operating. They said that if the electricity were turned off, the girl would die.

Legislative Audit Finds Agency Fails People With Mental Disabilities
GREENVILLE, SOUTH CAROLINA--The state Legislative Audit Council says the $170 million state agency that serves people with brain damage and intellectual disabilities may not have fired some staff members involved in abuse and neglect, and failed to follow up on several safety and health violations. The council said the state Department of Disabilities and Special Needs doesn't conduct nationwide criminal background checks on caregivers, and has left unused millions of dollars in state and federal funding for new beds and autism-related programs, or diverted the money elsewhere.

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Governors Push President-Elect For Help With Budget Shortfalls
PHILADELPHIA, PENNSYLVANIA--The nation's governors met with President-elect Barack Obama to push for at least $40 billion to help pay for health care for people in poverty and with disabilities. Early drafts of an economic stimulus bill include some funds for states that are dealing with slumping tax revenues and budget cuts.

FDA Denies 'Medical Device' Status To Palm Pistol
WASHINGTON, DC--The U.S. Food and Drug Administration has ruled that the Palm Pistol, a handgun designed for people with physical disabilities, is not a medical device. Several technology news blogs had reported that the FDA had approved the firearm. The New Jersey-based Constitution Arms had hoped that Medicare would cover the cost of the handgun.

New World Wide Web Accessibility Standards Introduced
MADISON, WISCONSIN--The World Wide Web Consortium (W3C) has introduced a new standard to help Web designers and developers create sites that better meet the needs of older users and those with disabilities. The standard, WCAG 2.0 "addresses barriers to accessing the Web experienced by people with visual, auditory, physical, cognitive and neurological disabilities, and by older Web users with accessibility needs."

BYU Study: Physical Disabilities Bring Marital Happiness
SALT LAKE CITY, UTAH--A Brigham Young University study reveals that the onset of physical disability boosts marital happiness more often than not -- that couples tend to come together after one member acquires such a disability. Exactly why physical disabilities increase marital happiness is not fully understood by researchers, however, they hinted that in some cases disability brings more couple interaction.

Census: Number Of Americans With Disabilities Reaches 54.4 Million
WASHINGTON, DC--About one in five U.S. residents -- 19 percent -- reported some level of disability in 2005, according to a U.S. Census Bureau report released on December 22. Both the number and percentage of people with disabilities were higher than in 2002, the last time the Census Bureau collected such information. At that time, 51.2 million, or 18 percent, reported a disability. Nearly half (46 percent) of people age 21 to 64 with a disability were employed, compared with 84 percent of people in this age group without a disability.

States Slash Medicaid Coverage
WASHINGTON, DC--The economic downturn has forced several states to cut Medicaid, the state-federal health insurance program for people in poverty and with disabilities. By the end of December, 19 states and the District of Columbia had lowered payments to hospitals and nursing homes, eliminated coverage for some treatments, and forced some recipients out of the insurance program completely, the Washington Post reported. Many are halting payments for health-care services not required by the federal government, such as physical therapy, eyeglasses, hearing aids and hospice care. A few states are requiring patients to chip in more toward their care.

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