Mouth asks, What can the HHS Office of Civil Rights do to help us get the Olmstead ruling implemented? Velveta SAYS The OCR believes in civil rights. |
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an interview with Velveta Golightly-Howell This interview first appeared in Mouth magazine in May 2000
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People are afraid to file a complaint, especially when they live in a nursing home or an institution. They fear retaliation. What should they do?
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While noting that OCR does not solicit complaints, Velveta said: I would encourage readers who have civil rights concerns to pick up the phone and contact the OCR [U.S. Department of Health & Human Services Office of Civil Rights] regional manager in their jurisdictions. Regional managers are always very responsive. Basically, they have an open door policy. People should not hesitate to build relationships with their regional Office of Civil Rights. Tom Perez is Director of the [national] HHS Office of Civil Rights. Under his leadership, OCR is focusing on five priority areas. One of those areas is Olmstead implementation. |
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When did OCR involvement begin in the Olmstead case? |
It began with Helen L. We
had been looking at this issue for quite a while. We were
very interested in the Helen L. case. [Helen L. v.
Didario, the Pennsylvania case where Steve Gold sued the
state under the "most integrated setting" ADA provision on
behalf of nursing home inmates in 1992. The Supreme Court
declined to hear that case in 1995 and so affirmed the
federal appeals court ruling that Helen L. and others
similarly situated had a right to live in freedom.] |
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How can we get OCR involved at the state level? |
Filing a complaint will start the process. The
Office of Civil Rights is a law enforcement agency and we
investigate complaints. We also provide technical assistance
on an informal basis. Readers who feel their state has
violated Title II of the ADA can file a complaint with OCR.
Again, we do not solicit complaints. A lot of times, just
making that contact with state officials, advocacy groups
can start the development of a comprehensive, effectively
working state plan. |
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At right is a list of the OCR regional managers -- with their phone numbers: |
Region I -- Caroline Chang617-565-1340 Region II -- Michael Carter212-264-3313 Region III -- Paul Cushing215-861-4441 Region IV -- (acting) Roosevelt Freeman404-562-7886 Region V -- Lisa Simeone312-886-2359 Region VI -- Ralph Rouse214-767-4056 Region VII -- John Halverson816-426-7278 Region VIII -- (acting) Velveta Howell303-844-2024 Region IX -- Ira Pollack415-437-8310 Region X -- Carmen P. Rockwell206-615-2287 |
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What does OCR mean by "Olmstead implementation? |
OCR is making efforts to insure that states are complying with their ADA Title II responsibilities as regards institutionalized people with disabilities. Under the ADA, states are obligated to provide nondiscriminatory services to such persons, and, where appropriate, those services are to be provided in the most integrated setting. As a means of implementing Olmstead, OCR is conducting outreach to advocacy groups. My use of the term 'advocacy groups,' includes all advocacy groups that are located within a state. |
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How did you become acquainted with Mike Auberger and Joe Ehman of Atlantis? |
Joe picked up the phone and called us. The
Office of Civil Rights, Region VIII, had just recently
determined that Olmstead would be one of its priorities. Joe
called, right around that time. It couldn't have been better
timing. So he did call, and he requested a meeting, and we
[including Vada Kyle-Holmes, former regional
manager] were very happy to hear from him. |
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What comes next in the states? |
After
consulting with advocacy groups and contacting state
officials, regional staffs are meeting with the states.
During these meetings, we are making it very clear to states
that all key players be represented in Olmstead-related
discussions. In our view, when discussing Olmstead
implementation, all stakeholders should be at the table. |
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Word has it that Donna Shalala is very committed to the Olmstead process. |
Absolutely. She considers Olmstead a priority. She is a civil rights advocate. She always has been We
are developing a 'Questions and Answers' guide based upon
the inquiries that we are getting. |
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Right now a network of advocates -- Freedom Clearinghouse -- is working with HHS OCR to get Olmstead implemented. Click here to go to the Freedom Clearinghouse website. |
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Steve Gold is another attorney who shepherded the precedent-setting Helen L. case through the courts. Read what he SAYS. |